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PRESENTED 

TO 

THE UNIVERSITY OF TORONTO 

BY 






The Spanish Archives 
of New Mexico 




S M 
5 2 

_r oo 



The Spanish Archives 
of New Mexico 



Compiled and chronologically arranged with historical, genealogical, 

geographical, and other annotations, by authority of 

the State of New Mexico 



By 

Ralph Emerson Twitchell 

Of the New Mexico Bar 



Volume One 




THE TORCH PRESS 
NINETEEN FOURTEEN 



COPYRIGHT 1914 BY 
RALPH EMERSON TWITCHELL 



THE TORCH PRESS 

CEDAR RAPIDS 

IOWA 



A TRIBUTE TO THE MEMORY OF 
DANIEL SAWIN TWITCHELL, MY FATHER 
WHOSE ANCESTOR IN AMERICA, BENJAMIN TWITCH- 
ELL, SETTLED IN DORCHESTER, MASSACHUSETTS, IN 
1630, A PURITAN PIONEER, COTEMPORARY IN NEW 
WORLD CIVILIZATION WITH THE SPANISH CON- 
QUISTADORES OF NEW MEXICO 



PEEFATOEY NOTE 

THE documentary period of New Mexican history be- 
gins with the Relation of Alvar Nunez Cabeza de Vaca, 
who, with three companions, survivors of the ill-fated 
expedition under Don Pamfilo Narvaez, in 1528, ship- 
wrecked upon the coast of the Mexican Gulf, traversed 
the continent, finally, in 1538, meeting with other Span- 
iards in New Galicia near the west coast of Mexico. 
Thereafter came the memorable journeys of the Francis- 
can f rayles, Juan de la Asuncion and Marcos de Niza, the 
negro, Estevan, who lost his life at Zuni, the expedition 
under Francisco Vasquez Coronado; Friar Agustin 
Euiz, with Chamuscado; Don Antonio de Espejo; Cas- 
tano de Sosa ; and finally, in 1598, the first colonizer in 
the United States of today, Don Juan de (Mate, who 
located his first capital at San Gabriel, near the junction 
of the Eio Chama with the Eio Grande, in the county 
of Eio Arriba, New Mexico. 

The Spanish archives of New Mexico, however, do 
not contain any record of the events of the explorations 
of the last half of the sixteenth century, nor are there 
any connected with the first settlement under Onate. 
The earliest is one of the year 1621, a translation of 
which is given together with a photographic reproduc- 
tion. All of the earlier archives at Santa Fe, with this 
exception and two others, were destroyed by the Indians 
in the Pueblo Eebellion of 1680. The Spaniards, in 
August of that year, under the governor and captain- 



viii THE SPANISH ARCHIVES OF NEW MEXICO 

general, Don Antonio de Otermin, were forced to evac- 
uate the capital after a siege continuing five days, re- 
tiring to Paso del Norte, which became the seat of gov- 
ernment and military operations of the Province until 
the re-conquest under General Don Diego de Vargas 
Zapata Lujan Ponce de Leon in 1692-94. 

The Spanish archives of this State have been a sub- 
ject of enduring interest ever since the occupation of 
New Mexico by American troops in 1846. From the 
time of the re-conquest until the American Occupation 
period the archives were well cared for by the Spanish 
and Mexican authorities. 

The Spanish and Mexican governments were ex- 
tremely zealous in the administration of the regulations 
governing their custody and care. At the time of the 
Occupation these archives were in the charge of Don 
Donaciano Vigil, who had been the sole custodian, dur- 
ing many administrations, since 1824. 

On the 22d of September, 1846, Vigil was appointed 
secretary of New Mexico and ex-officio recorder of land 
titles and custodian of the archives, by General Stephen 
W. Kearny. In 1847, after the assassination of Govern- 
or Charles Bent, he succeeded to the civil governorship 
but continued as official custodian until New Mexico be- 
came a Territory of the United States in 1851. 

A recital of the historical events in connection with 
the custody of these documents will be of interest. It 
is recorded that no sooner had the Americans assumed 
control than reports were forwarded to the authorities 
at Washington, declaring that the " prefect at Paso del 
Norte has for the last few months been very active in 
disposing (for his own benefit) of all lands in that vi- 






PREFATORY NOTE ix 

cinity that are valuable, ante-dating the title to such 
purchases. " Thus early was the taint of fraud given 
to archives, the value of which was so little appreciated 
by the soldiers of the American army that during the 
occupation of Paso del Norte by Colonel Doniphan's 
troops, they, in considerable quantity, were thrown into 
the street to make room for office headquarters and 
burned. 

Professor J. H. Vaughan, A Preliminary Report on 
the Archives of New Mexico, Appendix "C," Report, 
American Historical Association, 1908, p. 471, has 
fallen into error where he states that "The Federal au- 
thorities then in control allowed the documents to re- 
main in the custody of the Territorial authorities, and 
this custody continued to be exercised without question 
until 1903. " On the contrary, the general government, 
almost immediately after the Territory of New Mexico 
was created, took steps for their preservation. He also 
errs in his conclusion that "There is no question that 
many of the more important papers relating to, or bear- 
ing directly on, the question of land titles in the Terri- 
tory were borrowed from the general stock and were not 
returned," for, in truth, after the segregation by Sur- 
veyor-General Pelham, the number of archives relative 
to land titles was materially augmented by the filing of 
title papers in his office by land owners. 

Pursuant to the provisions of the Act of Congress of 
July 22, 1854 (10 Stats., p. 309), under which was cre- 
ated the office of surveyor-general of New Mexico, the 
first appointee, William Pelham, was instructed, upon 
his arrival at Santa Fe, to make application to the gov- 
ernor (Merriwether) for "such of the archives as re- 



x THE SPANISH ARCHIVES OF NEW MEXICO 

late to grants of land by the former authorities of the 
country," to see that "they are kept in a place of se- 
curity from fire, or other accidents, and that access is 
allowed only to land-owners who may find it necessary 
to refer to their title records," and such references 
"must be made under your eye or that of a sworn em- 
ploye of the government." 

The surveyor-general was also instructed to prepare, 
in duplicate, from the archives, or authoritative sources, 
a document exhibiting the names of all the officers of the 
Territory who held the power of distributing land from 
the earliest settlement of the Territory until the change 
of government, indicating the several periods of their 
incumbency ; the nature and extent of their powers con- 
cerning lands ; whether, and to what extent, and under 
what conditions and limitations, authority existed in 
the governors or political chiefs to distribute the public 
domain; whether, in any class of cases, they had the 
power to make an absolute grant; and if so, for what 
maximum in area ; or whether subject to the affirmance 
of the department or supreme government ; whether the 
Spanish surveying system was in operation, and since 
what period in the country, and under what organiza- 
tion ; also, with verified copies of the original, and trans- 
lations of the laws and decrees of the Mexican Repub- 
lic, and regulations which may have been adopted by the 
general government of that republic for the disposal of 
the public lands in New Mexico. 

Mindful of the rights of the Pueblo Indians of New 
Mexico, he was instructed to collect data from the rec- 
ords and other authentic sources relative to these Pu- 
eblos, so 'that Congress would understand the matter 



PEEFATOEYNOTE xi 

fully and be able to legislate in such a manner as would 
do " justice to all concerned. " 

In accordance with his instructions, the surveyor-gen- 
eral made application to Governor Merriwether for 
such of the archives as related to grants of land by the 
former authorities of the country. The governor de- 
clined to act, saying that " their selection from the large 
amount of papers composing the public archives of the 
Territory would involve an immense amount of labor 
and a heavy expenditure which he was not authorized 
to incur. " 

Governor Merriwether, however, graciously permit- 
ted the surveyor-general "to remove the packages con- 
taining such papers as related to the grants of land in 
the country from their deposit and examine them in my 
own office; whereupon I immediately assigned two of 
my clerks to separate them. On the last day of July 
(1855) this difficult duty was accomplished, and from 
one hundred and sixty-eight packages, averaging one 
hundred and sixty-eight thousand papers, of every na- 
ture and description imaginable, one thousand seven 
hundred and fifteen grants, conveyances of land, and 
other documents referring to claims to land, have been 
selected, and are now being arranged and classified in 
a systematical form in this office. It will, however, be 
impossible to have them properly and substantially 
bound, as required by your instructions, on account of 
the different shapes and forms in which they are to be 
found some existing on large sheets of foolscap pa- 
per, while others are to be found on half -sheets, and 
others again, on scraps of paper which can never be 
bound in any convenient form." 



xii THE SPANISH AECHIVES OF NEW MEXICO 

Immediately the surveyor-general began the perform- 
ance of his duties, but, as appears from the report of the 
commissioner of the general land office, the people of 
New Mexico were averse to responding to the call of the 
surveyor-general to produce their title papers to lands 
in the Territory, "some for fear of losing the evidence 
of their titles, inspired, it is supposed, by designing in- 
dividuals." 

"In many instances/' says the commissioner, "the 
Pueblo Indians have been deterred from filing their title 
papers with the surveyor-general, in the apprehension 
they would never again get possession of them. 

"Others, conscious of an indisputable possessory 
right of landed estates, feel perfectly secure on the sub- 
ject and do not care to exhibit, much less file, their title 
papers, for the purpose of enabling the surveyor-gen- 
eral to report upon the claims to Congress for confirma- 
tion under the Act of July 22, 1854. " 

Pelham continued as surveyor-general until the 
breaking out of the Civil War, when he endeavored to 
make his escape from New Mexico in company with the 
army of Confederate invaders under the command of 
General H. H. Sibley, but was captured by General Can- 
by near Alburquerque at the time of the inglorious re- 
treat of the Texans in 1862. 

Thereafter and for more than a quarter of a century 
the surveyor-general's office was engaged in the investi- 
gation of these private land claims, during which time, 
up to and including the year 1880, according to the re- 
port of the secretary of the interior, "after a lapse of 
nearly thirty years, more than one thousand claims have 
been filed with the surveyor-general, of which less than 



PREFATORY NOTE xiii 

one hundred and fifty have been reported to Congress, 
and of the number so reported, Congress has finally 
acted upon seventy-one. The construction of railroads 
through New Mexico and Arizona, and the consequent 
influx of population in those Territories, render it im- 
peratively necessary that these claims should be finally 
settled with the least possible delay. I have, therefore, 
the honor to recommend that the attention of Congress 
be called especially to the subject, with a view to secur- 
ing action upon the claims pending before it, and upon 
the pending bill providing for the settlement of the re- 
maining claims. 

"On June 30, 1880, patents had been issued by the 
government for 4,456,158.43 acres of private land claims 
in New Mexico and Colorado ; the largest grant for 1,- 
714,764.94 acres, and the smallest for 1,720 acres. 

"There were on the above mentioned date forty-six 
claims for private land grants in New Mexico and Col- 
orado, containing an area of 4,675,173.57 acres pending 
in the general land office for patents, and on that date 
there were pending sixty private land claims in the 
same area for confirmation by Congress, embracing an 
area, so far as the same has been surveyed, of 4,294,627.- 
475 acres. 

"This condition of affairs continued until the estab- 
lishment of the Court of Private Land Claims in 1891, 
which court began its official functions by a formal or- 
ganization at Denver, Colorado, July 1, 1891, and ceased, 
by operation of law, June 30, 1904. " 

During the thirty-seven years of investigations of 
these private land claims by the several surveyors-gen- 
eral, lawyers and other interested persons became en- 



xiv THE SPANISH ARCHIVES OF NEW MEXICO 

tirely familiar with the documents in the office of the 
surveyor-general. Much testimony was taken by that 
official, the major portion of which is of more than 
ordinary historical importance. Translations of these 
archives were made by a succession of official translat- 
ors, notably Whiting, Miller, Ellison, Key, and Vigil, 
and during the existence of the court of private land 
claims by Flipper, Tipton, Chacon, and others, the 
work of all of whom has been used in this compilation. 
Not one of these documents has ever been mislaid or 
tampered with while in the custody of the representa- 
tives of the Department of the Interior. 

These archives are by far the most valuable and in- 
teresting of any in the Southwest, not excepting those 
of California. Here we find reflected the home and busi- 
ness life of the early settlers. In the expedientes, testi- 
monios, and other papers, numbers of which have been 
translated and given in full, are disclosed the pride of 
ancestral achievement in the conquest and pacification 
of the country; recitals of Indian campaigns, usages, 
methods of defense, the erection of forts and towers in 
exposed localities on the Indian frontiers; customs, 
civil and military; names of officers in all branches of 
the service ; the respectful regard for the rights of the 
Pueblo Indians relative to their land holdings ; the ef- 
forts to win over the hostile tribes and convert them to 
the Catholic faith; the deference for the ecclesiastics; 
official admonitions; wills and testaments, slaves and 
slavery, laws and customs, forms of official procedure, 
census returns ; in fine, almost everything necessary for 
a study of the lives, manners, routine, dress, and daily 
occupations of the people during a period of more than 



PEEFATOEYNOTE xv 

two centuries. The will of General De Vargas ex- 
emplifies in many ways the picture of official life at 
Santa Fe ; the manners of dress, the home life, the use 
of elaborate plate, the wearing of resplendent jewelry, 
the affection bestowed upon his intimates, all are found 
in this notable document. 

Those archives which, in 1854, remained in the cus- 
tody of Governor Merriwether, became a part of the of- 
ficial records of the executive office. On February 4, 
1854, the Territorial Assembly memorialized Congress, 
reciting that the archives were in a ruined condition, 
documents of great importance being exposed and -in 
danger of complete destruction ; that the Territory was 
without means to care for them properly, and asking for 
an appropriation of fifteen thousand dollars for their 
care and translation into the English language. Con- 
gress did nothing. Even the Palace of the Governors 
was, at that time, in such poor repair, according to the 
governor, that it was no fit place for the sessions of the 
Assembly. During successive administrations recom- 
mendations were made to the Territorial legislatures for 
appropriations for the care of these important docu* 
ments. Meanwhile many of them disappeared, and dur- 
ing the administration of Governor Pyle, it is said, 
many were carried off. In a measure this is true, but 
they were not destroyed, as nearly all of them found 
their way into private collections at Santa Fe and else- 
where. 

In 1891-2, during the administration of Governor L. 
Bradford Prince, the Legislative Assembly authorized 
the expenditure of two thousand four hundred dollars 
for cataloguing, numbering, indexing, binding, and 



xvi THE SPANISH AECHIVES OF NEW MEXICO 

translating these archives, and the governor was em- 
powered to contract with some competent person for 
the work, "it being understood that only such docu- 
ments as contained matters of historical interest to 
New Mexico shall be required to be translated, and that 
the person with whom such contract shall be made shall 
also make clean copies of said documents as he may 
translate, with proper indexes to both Spanish and 
English, so as to prepare the same for publication as 
historical documents ; such documents shall also be ar- 
ranged chronologically." 

Mr. Ad. F. Bandelier was employed by the govern- 
or for the purpose. All that the Territory ever re- 
ceived for the money paid to Mr. Bandelier was a 
"list" of 1074 archives, chronologically arranged, a 
copy of which is now in the possession of the Historical 
Society of New Mexico, and which has been used in this 
compilation. If any translations were made they were 
never filed with the Territorial authorities, or, if filed, 
have entirely disappeared. No index was ever made 
and no copies have ever been preserved. 

Narrowly escaping destruction by fire when the first 
capitol was burned in 1892, the archives were placed in 
the custody of the secretary of the Territory. Numbers 
of them were used in the trial of cases before the court 
of private land claims. 

During the last year of the administration of Gover- 
nor Miguel A. Otero they were removed, by order of 
the general government, to Washington and placed in 
the Library of Congress. A full statement of how this 
removal was arbitrarily accomplished is contained in 
Professor Vaughan's monograph, where he states: 



PEEFATOEY NOTE xvii 

" After the completion of the present Territorial capi- 
tol, in 1900, and the removal of the Territorial offices 
from the Old Palace to the capitol building, these old 
documents were transferred to the office of the Terri- 
torial Secretary and stored in the vault adjoining the 
office. Here they were arranged, roughly, in the order 
of their dates, were tied in packages, and stored as care- 
fully as was possible on the shelving in a vault avail- 
able for that purpose. In 1901, however, it was clearly 
seen that these documents, which occupied nearly all 
the shelf space on one side of the vault, would have to 
be removed in order to make room for the current 
records of the office, the volume of which was constant- 
ly and rapidly increasing. 

" About this time correspondence was being received 
from the authorities at Washington, particularly from 
the librarian of Congress, asking that these Spanish 
and Mexican archives be transferred to the Library of 
Congress at Washington, where they would be stored 
in a manner absolutely safe ; also classified, indexed, 
and translated by persons trained in this line of work, 
and without expense to the Territory. Recommenda- 
tions to this effect were made by the Secretary of the 
Territory in 1899, 1901, and 1903; and the governor, 
in his message to the Legislative Assembly, called the at- 
tention of that body to the circumstances on at least one 
occasion. No action of any kind was taken or even 
considered until 1903. During the winter of that year 
the librarian of Congress was a visitor in Santa Fe, in 
the month of February, and discussed the matter with 
the members of the Legislature and the Territorial of- 
ficials. The result of this discussion was the drafting 



xviii THE SPANISH ARCHIVES OF NEW MEXICO 

of an act which provided for the transfer of these docu- 
ments to the Library of Congress, which, through the 
librarian, entered into certain stipulations, as to the 
preservation, classification, and indexing of the docu- 
ments free of charge to the Territory. Through the 
intervention of certain persons this act was amended 
after its introduction so as to stipulate that all of the 
archives found to relate to land titles or to local and 
personal matter, and not of great historic importance, 
should be returned within one year, and that all the re- 
mainder of said archives, upon being properly analyzed 
and classified, should within five years of their recep- 
tion at Washington be returned to New Mexico. The 
result was that when the act was finally passed, as 
amended, the authorities at Washington refused to en- 
ter into the stipulations as provided for in said act 
(chap. 102, Laws of 1903). 

"The negotiations of the, Library of Congress had 
failed to secure the records; but the incident was not 
closed. The authorities at Washington held that these 
archives were, always had been, subject to the control 
and supervision of the federal government. Acting on 
this assumption, the Secretary of the Interior, April 
29, 1903, directed the governor of New Mexico to for- 
ward the archives to the Interior Department. They 
were accordingly expressed from Santa Fe to the de- 
partment May 9, 1903. Here they were immediately 
turned over to the Librarian of Congress, and were 
held to be the property of the United States Govern- 
ment, the control of them in the Secretary of the In- 
terior, t 

"The authority of the Secretary of the Interior to 






PREFATORY NOTE xix 

turn these records over to the Library of Congress was 
alleged to be found in the following Act of Congress, 
approved February 25, 1903 : 

66 'The head of any executive department or bureau 
or any commission of the Government is hereby au- 
thorized, from time to time, to turn over to the Li- 
brarian of Congress, for the use of the Library of 
Congress, any books, maps or other material in the 
library of the department, bureau or commission no 
lofiger needed for its use, and in the judgment of the 
Librarian of Congress appropriate to the uses of the 
Library of Congress. ' 

In this manner were these archives taken away from 
the custody of the Territorial officials. It seems to 
have required an Act of Congress to accomplish the 
deed. Had such a course been pursued in dealing with 
any other Territory, such opposition would have been 
raised that no Act of Congress could have been passed. 
No such course was pursued with California or any 
other Territory of the United States. Legally, the gov- 
ernment had the right to assert its ownership and con- 
trol over these documents, but morally, it was an act 
which is justified only by the very excellent work which 
has been accomplished by the Librarian of Congress 
since they have been in his custody. 

This great collection has been stored in the Manu- 
scripts Division of the Library of Congress. They con- 
sist, approximately, of 20,000 documents, 10,000 in 
manuscript containing from 1 to 200 folios, and 10,000 
printed, mostly of 1 to 4 folios. Since they have been 
in Washington they have all been arranged chronolog- 
ically; the sheets have been cleansed, pressed free of 
creases, and stored flat; the manuscripts are in 180 



xx THE SPANISH ARCHIVES OF NEW MEXICO 

half -leather portfolios; the printed material has been, 
in part, repaired, mounted, and bound in half -morocco 
folio volumes. The unmounted portion is stored flat 
in manila jackets. 

A calendar, in English, is being prepared, with an in- 
dex. This now includes the year 1823. In this com- 
pilation this calendar has been employed, not using the 
numbers exactly as they have been given by the Libra- 
rian. It is stated that these archives, of enormous impor- 
tance to the people of New Mexico, will eventually be re- 
stored to the State. Of course this is possible but, con- 
sidering the efforts which were successfully made in se- 
curing them for the Library of Congress, such action on 
the part of the general government, even at the request 
of a sovereign State, is highly improbable. New Mexi- 
cans can congratulate themselves that the records of the 
I/* court of private land claims were permitted to remain 
in the custody of the surveyor-general. It is of 
prime importance that the State have copies of all the 
archives at Washington ; it is also essential that those 
in the office of the surveyor-general be handled more 
carefully when examined by attorneys in courts or in 
his office. The same sort of treatment should be ac- 
corded those as has been given the archives at Wash- 
ington, and photostat copies should be made of both 
collections. 

The Autos of Don Antonio de Otermin, governor and 
captain-general, and the Disculpa of Alonzo Garcia, 
lieutenant-general, translations of which are given, con- 
sist of the record of events transpiring at the time of the 
Pueblo Rebellion which have been available for this pub- 
lication. There are still other Autos of Otermin in the 



I 



PREFATORY NOTE xxi 



archives at the City of Mexico, but the unfortunate 
course of events occurring in Mexico during the past 
few years has made it impossible to secure copies or 
translations. Those appearing here, so far as the writer 
knows, have not heretofore been published in the Eng- 
lish language. 

The statement of the private land claims investigated 
by the surveyor-general of New Mexico is complete, as 
is also that of the cases finally disposed of in the court 
of private land claims. 

This compilation has been undertaken with the view 
of furnishing information promptly and accurately to 
those most interested the people of New Mexico. The 
cost of publication has been borne in part by the 
State. It will be noticed that in some instances the 
titles are given in the Spanish language. These, how- 
ever, are in the main translated and the contents of 
each archive, so far as is indicated by the title, are sug- 
gested to the reader. This portion of the catalogue, 
with some changes and other modifications, is taken 
from the "list" prepared by Mr. Bandelier. The 
method being somewhat unscientific when compared 
with the work performed under the direction of the 
librarian of Congress, which is most thorough, and the 
compiler lacking in that peculiar training and pre- 
paredness demanded by the rules governing this class 
of composition, the want of suitable intellectual equip- 
ment is apt to provoke unfavorable comment from 
>me scholastic Pharisee. 

Comment and criticism of this sort, however, coming 

is they usually do from persons whose range of vision 

is limited to the four walls of a university quadrangle, 



xxii THE SPANISH ARCHIVES OF NEW MEXICO 

are harmless. They serve to enlarge the layman's con- 
tempt for some methods of educational training and ad- 
ministration. 

The reading public, however, men actively engaged 
in the affairs of the day, have learned to expect noth- 
ing but criticism from such sources, and its value is es- 
timated accordingly. These critics are paid for such 
service and, needs be, future employment must find 
apology. There are pleasurable exceptions, but the 
rule generally discloses composition from such sources 
so hypercritical, so self -assuring, so devoid of the or- 
dinary elements of human interest, that it attracts 
hardly passing notice. The American reading public 
demands a popular style of treatment, combined with 
accuracy of statement, from whatever source obtained. 
The so-called scientific class, with some exceptions, us- 
ually reveals unopened leaves and a final resting place 
in the literary scrap-heap. 

Notwithstanding the prospect of provoking such 
criticism, this work has been arranged with the view 
of demonstrating that even a catalogue may be made 
interesting as well as profitable reading. To be sure 
no " discoveries " are claimed and no missing manu- 
scripts have been " recovered/ ' the right of discovery 
having been exclusively reserved to some, who for the 
sake of being classified among the " Who's Who" of 
scholastic recognition, make occasional contributions 
a term of scientific significance to periodicals, ve- 
hicles for the publication of monographs devoted to 
historical research. 

The thanks of the writer are tendered to the libra- 
rian of Congress for courtesies extended ; to Francis C. 






PEEPATOBY NOTE 



xxni 



Wilson, Esq., of Santa Fe, New Mexico, for the use of 
notes relative to the land tenures of the Pueblo Indians 
prepared by Mr. Will M. Tipton ; to Miss Florence P. 
Spofford, of Washington, D. C. ; and to the many 
friends in New Mexico who have permitted the use of 
old documents and papers not in the archives, from 
which the genealogy of some of our leading New Mex- 
ican families has been established. 

EALPH EMERSON TWITCHELL 
Las Vegas, New Mexico 
January 2, 1914 









ILLUSTRATIONS 

EL PALACIO REAL, SANTA FE, NEW MEXICO . . Frontispiece 

DUKE OP ALBURQUERQUE 8 

OLDEST ARCHIVE IN OFFICE OF SURVEYOR-GENERAL . . 16 
INSCRIPTION ON EL MORRO BY GENERAL DE VARGAS . . 33 
INSCRIPTION ON EL MORRO BY CAPTAIN JUAN DE ULIBARRI . 49 
COAT OF ARMS OF GENERAL DE VARGAS .... 64 
FACSIMILES OF SIGNATURES OF GOVERNORS AND CAPTAINS-GENERAL 96 
DON FERNANDO DE ALENCASTRE NORONA Y SILVA, DUKE OF LIN- 
ARES 128 

DON BALTAZAR DE ZUNIGA, MARQUES DE VALERO, DUKE OF ARION 160 
FACSIMILES OF SIGNATURES OF GOVERNORS OF NEW MEXICO . 192 
FACSIMILES OF SIGNATUES OF GENERAL DE VARGAS AND CAPTAINS 224 
DON JUAN DE ACUNA, MARQUES DE CASA FUERTE . . 256 

URRUTIA'S MAP OF SANTA FE 289 

DON JUAN ANTONIO DE VIZARRON Y EGUIARRETA . . 320 

DON PEDRO DE CASTRO FIGUEROA 384 

FACSIMILES OF DISTINGUISHED NEW MEXICANS . . . 416 
FACSIMILES OF SIGNATURES OF GOVERNORS AND CAPTAINS-GENER- 
AL 432 

FACSIMILES OF SIGNATURES OF DISTINGUISHED NEW MEXICANS 448 
FACSIMILES OF SIGNATURES OF GOVERNORS OF NEW MEXICO . 464 
FACSIMILES OF SIGNATURES OF GOVERNORS OF NEW MEXICO 480 



THE SPANISH ARCHIVES OF NEW MEXICO 

IN THE OFFICE OF THE SURVEYOR-GENERAL 
SANTA FE, NEW MEXICO 

1 PEDRO DE ABALOS. March 26, 1685. Town of 
Nuestra Senora de Guadalupe de El Paso. Before Don 
Domingo Jironza Petriz de Cruzate, Governor and Cap- 
tain-General. 

Registration of a mine, situate forty-five leagues from 
the said town in the little mountain called Fray Cristobal. 
Name of mine; Nuestra Senora del Pilar de Zaragoza. 

Pedro de Abalos was a soldier of the garrison at the 
El Paso presidio at the time of the registry of this mine. 
The property was discovered while on the campaign north 
with Cruzate for the recovery of the Province. He gave 
one-half of the mine to Alonzo Rael de Aguilar; a part 
to his brother, Antonio de Abalos, who was also a soldier 
of the garrison; also a part to Captain Juan Garcia de 
Noriega. Alonzo Rael de Aguilar was also a captain, 
married, and with his wife and children was living at 
Paso del Norte at the time of this registration. 

On the retreat from Santa Fe, in 1680, it was at Fray 
Cristobal that a junta de guerra was begun for the con- 
sideration of the question of an immediate return to the 
Villa of Santa Fe, and an attempt made to drive out the 
victorious apostates. The safety of the women and chil- 
dren having been provided for, Otermm assembled the 
members of the cdbildo of Santa Fe, the frayles, military 
officers, and prominent Spaniards who had made their 
escape. Fray Ayeta attended the junta and represented 
the entire body of Religious; he made offers of assistance 
in the way of provisions if the re-conquest was under- 
taken. One of the officers who addressed the junta was 
Captain Thome Dominguez, who advised the acceptance 
of the offer made by the custodio, Fr. Ayeta. The strong- 
est opponents to a return, at that time, were Francisco 
Gomez Robledo, Alonzo Garcia, and Pedro Duran y 
Chaves. The cdbildo of Santa Fe took sides with the 
last named, as did also the Captains Pedro Marquez and 



2 THE SPANISH ABO! 1 1 V US Ol' N K W M UX FCO 

Sebastian de Herrera. Governor oiermm agre.ed vvilh 

the calnhlo, ;nid on October .' made announcement, of lii.s 
decision. The junta which brought, about, this final de 
I <! ruination was concluded when within a, few leagues of 
Paso del Norte. 

All three of the individuals signing this archive came 
north with General De Vargas twelve years later. 

The mine was probably situate somewhere west of the 
present town of Mngle, Sierra county, New Mexico. 

Don Domingo Jironza Petriz de Cruzate was named 
governor and captain-general of the province of New 
Mexico, referred to in nil INN autos and other official docu- 
ments as "Rcino" (kingdom), in the year 1682, succeed- 
ing Don Antonio de Oterrnfn. Carlos II senl liim ;is 
Visitador to tin- heewnrd IsbmdH. He w;i prorninenl in 
Hie WIITH with Portugal. A copy of his coiruniHsion ;ippi-;irs 
later in this volume. He had been nle;ilde of Mestitlan 
when appointed governor of New Mexico. He endeavored 
to regain the province, but failed. 

Bancroft sayn that he was succeeded by General Pedro 
Reneros de Posada. See archives in office O f ih,- sui-veyor- 
for New Mexico, l^ilcs 11. A., R. B., and R. C., 
which it, will b< seen that as late JIH Septemli< 
1680, he WMH making grants of land to the pnehlos of 
San Juan, Jeme/,, IVeos, and others. These archives, in 
my judgment, are spurious. Don Pedro Orli/, Nim IM 
dron de Guevarra was his secrelMry of j'overnmrni 
jind war at the time. In 1688, Reneros de PoMda 
w.-is a general under <'ru/,ale and may have hern a 
emor and captain general ad interim. He WMH in a. cam 
p.'iign againsl Hie apostates as far north as the pnehlo of 
Cia. See affidavit of r.arlolome de O.jeda, Indian of /ia, 
where this 1','ict appears. Archivi- Kile K, No. A, S. G. O. 
Mscalante says HO, also. Governor Cm/ate joins will) 
Oj.-da in making this affidavit, and in it the "affair" at 
7,ia is mentioned. 

Bancroft, and all f.ho rent err as to flic dale of the ap 
pointment of Governor ( Vuzate. He was appointed on 
or prior to lli- 'JOlh day of Angnnl, IliS'J. See archive 
li::i. which I givr in full as bring of snllicienl. import- 
.'ince, thereby settling the conflicting statements of his- 
torical writers: 

"ONK KMAIj. Third Seal. ONM KKAh. Years OBI 
Ihoiisaiid six hundred and seventv ninr and eighty. 

(STAMP)- (STAMP) 



THE SPANISH ARCHIVES OF NK W MEXICO 3 

"I, Thomas Lorenzo Manuel Manrique de la Cerda 
llenri(|iie Afan de Rivera Porto Arro and Cardena, c6nde 
de Paredes, Marque's de la Lngnna, knight commander of 
Moraleja in MM- Order and Knighthood of Alcantara, at 
I In- court of HIH Majesty, acting viceroy and governor 
and captain-general of New Spain, president of the Royal 
Audiencia of the same, having appointed as governor and 
captain-general of the province of New Mexico, Captain 
Domingo Jironza Petriz de Cruzate and having deter- 
mined in general council that it is necessary and proper 
in view of the authority I have conferred on the said ap- 
point <<-, to make distributions of land, that the governor 
of Viscaya be notified thereof, in order that he may con- 
fine himself to those which pertain alone to his jurisdic- 
tion, and to the end that the one and the other may reci- 
procally enjoy a good understanding, each confining him- 
self within the limits of his own jurisdiction, having to do 
only with th< demarcations of their governments, it being 
understood thai, the territory of Vizcaya extends up to the 
r-ivcr of N ombre de Dios, otherwise called Sacramento, 
and that thence the territory of the government of New 
Mexico begins, with which declaration all controversy 
will cease. 

"I, therefore, command the said Captain Domingo 
Jironza Petriz de Cruzate to notify and make known this 
decision to Barto1om6 de Estrada of the Order of Santiago 
and governor and captain-general of the Royal Province 
of Nueva Vizcaya, so that, should he have any representa- 
tion to make he may report to this government, confining 
himself to the Interior; and I direct said appointee that 
lie nrtfc ;iiid compel all Spaniards who may have fled from 
Ml Paso and other jurisdictions of I lie Province of New- 
Mexico and who may now be within the territory of his 
jurisdiction, to return to that place, he reporting to mo 
fully of I. lie execution of this mandate and of whatever 
lie may deein proper. 
"Mexico, August 20, 1682. 

"Tin-: CONDE DE PAREDES MARQUES DE LA LAQUNA 

[rubric] 
"liy Command of I Ms Kxeellency : 

VI';I,ASC,>UI<;/ m<; LA OAOENA." 



Attached to this archive are, a number of "protests," 
notably one From !he officials of the City of I'arral, in 
which is found a great deal of information of great value 
dealing wish mining and agricultural matters in that 



4 THE SPANISH AECHIVES OF NEW MEXICO 

country and protesting against being made a part of 
New Mexico. 

The Sacramento river is about twenty miles north of 
Chihuahua. It was near this river that General Alexander 
W. Doniphan fought his battle with the Mexicans in 1847. 

Bancroft says that Ojeda's affidavit "mystifies" him. 
They (the grants) have mystified others and for just what 
purpose they were made at that time does not clearly 
appear. However, these are the basic titles to the lands 
of the several pueblos mentioned, and upon them the gov- 
ernment of the United States acted when the grants were 
confirmed to the pueblos. There is at least one prime 
authority, Will M. Tipton, who believes that all of these 
pueblo grant papers are forgeries. 

After the appointment of Don Diego de Vargas Zapata 
Lujan Ponce de Leon as governor and captain-general of 
New Mexico, Cruzate was named governor of Sonora. 

The Indian, Bartolome Ojeda, subsequently fought un- 
der De Vargas and is referred to by the latter as ft Mi 
Compadre!" He fought at the battle of Potrero Vie jo. 

2 ANA DE AECHULETA. February 1, 1696. City of 
Santa Fe. Before Diego de Vargas Zapata Lujan Ponce 
de Leon, Marques de la Nava Brazinas. 

Grant of a small piece of land in the City of Santa Fe. 
Captain Juan Garcia de la Riva ; Luis Duran ; Francisco 
de la Mora; Gregorio de Archuleta; Lorenzo Madrid; 
Domingo de la Barreda; Captain Bartolome Gardufio; 
Juan Antonio Barrios; Antonio Alvarez Castillon; Fran- 
cisco Joseph Casados; Joseph Manuel Giltomey; Pedro 
de Roxas. 

General De Vargas began making grants and allotments 
of land which had belonged to the Spaniards who left with 
Governor Otermm, before he commenced his second en- 
trada. He made some shortly after his first entrada. This 
archive has a fine signature of De Vargas and those sign- 
ing with him. Lorenzo Madrid was a brother of Roque 
Madrid, who was sergeant-major under Cruzate; Roque 
Madrid was one of the soldiers who escaped from the 
Villa with Otermin ; he had a ranch south of the City of 
Santa Fe. Captain Juan Garcia de la Riva was after- 
ward alcalde of Santa Cruz, named by De Vargas upon 
the re-settlement of the Villa Nueva de Santa Cruz de la 
Canada. He was also the grantee to a piece of land south 
of Santa Fe in the vicinity of the old pueblo of La Cien- 
ega. 



THE SPANISH ARCHIVES OF NEW MEXICO 5 

Of those whose names appear on this archive, in the year 
1696, the date when this grant to Ana de Archuleta was 
made, Lorenzo Madrid (in those days the Spaniards had 
not eliminated the "de" from their names) was an al- 
calde at Santa Fe and a member of the cabildo. This 
body at that time and during the last year of the term 
of office of General De Vargas was composed of Francisco 
Romero de Pedraza, Lazaro de Misquia, Diego Montoya, 
Jose Garcia Jurado. Captain Lucero de Godoy was sec- 
retary of the cabildo. 

Domingo de Barreda was secretary of government and 
of war. 

Eoque Madrid had been promoted by De Vargas from 
sargento to t entente-general of cavalry, and he was also 
alcalde of Santa Cruz. 

CAPTAIN FEANCISCO MATTHEO LUZEEO DE 
GODOY and Ana Maria, wife of Juan de Alderete, Ma- 
ria Madalena and Francisca, his daughters, to Major 
Francisco de Anaya Almazan. April 16, 1697. City 
of Santa Fe. Before Captain Diego Arias de Quiros, 
Alcalde. 

Conveyance of a house and land in the City of Santa Fe. 
This is an uncertified copy of the original deed. 

Diego Arias de Quiros was a captain; everyone of, the 
alcaldes under De Vargas and named by him was an of- 
ficer in his army. 

Note the date of this instrument. Bancroft says that 
the grantee, Francisco Anaya Almazan, was drowned in 
the Rio del Norte over a year before the date of this deed. 
He errs, because the certificate shows that the grantee 
"appeared." Francisco Joseph Casados was an alcalde 
of Santa Fe in 1716. Archive 10, q. v. 

ANTONIO GUTIERREZ DE FIGUEROA to Antonio 
de Aguilera. September 18, 1698. City of Santa Fe. 
Before Diego Arias de Quiros, Alcalde. 

Conveyance of land in the City of Santa Fe. Certified 

copy by the Alcalde. 

OLAYA DE OTON to Inez de Aspitia. September 15, 
1700. City of Santa Fe. Before Antonio de Aguilera, 
Alcalde. 

Conveyance of house and land in the city of Santa Fe. 



6 THE SPANISH ARCHIVES OF NEW MEXICO 

6 AGUSTIN SAES and ANTONIA MAEQUEZ to Juan 
de Archibec. November 7, 1701. City of Santa Fe. 
Before Joseph Rodriguez, Alcalde. 

House and land in the city of Santa Fe. 

Juan de Archibec was "Jean L 'Archiveque. " His 
widow married Don Bernardino de Sena, to whom was 
granted the pueblo of Cuyamungue in 1731. This pueblo 
was in existence as late as 1696, when it was finally aban- 
doned, and three years later it was given to the Captain 
Alonzo Rael de Aguilar. 

7 JUAN DE ATIENZA, Protector of the Christian Indians 
of New Mexico. Before Don Juan Ignacio Flores Mo- 
gollon, Governor and Captain-General. 

Question as to land alleged to have been granted to Jo- 
seph Quiros and Antonio Duran de Armijo by Don Pedro 
Rodriguez Cubero, governor and captain-general. Armijo 
sold his part to the Indians of Pojoaque, and Quiros sold 
his part to Miguel Tenorio de Alva, who also sold to the 
same Indians. Baltazar Trujillo claimed to have bought 
part of the land claimed by the Indians. This action was 
begun in 1715 and decided the following year. There are 
seventeen leaves in this archive. 

Controversy relative to certain lands alleged to have 
been sold to the Indians of Pojoaque by some Spaniards. 

The "Protector" was a sort of "Indian Agent," named 
by the government. His chief duty was to defend legally 
the rights of the Indians. These protectores were estab- 
lished at an early day. At first the prelates of the Indies, 
bishops and archbishops, were the protectors. Philip 
II established special official protectors. See Real 
Cedula of January 10, 1589. Their duties were well de- 
fined. They had no jurisdiction over the Indian and no 
right to meddle in his affairs. Each Indian of New Spain 
had to pay half a real toward defraying expenses incident 
to any defense that became necessary in their behalf. See 
Real Cedula of June 13, 1623. Philip IV. 

This petition by Juan de Atienza, attorney for the In- 
dians of New Mexico, relates to lands claimed by the 
Indians of Pojoaque. He alleges that the Indians for- 
merly held certain lands which Governor Pedro Rodriguez 
Cubero saw fit to grant to Joseph de Quiros and Antonio 
Duran de Armijo ; that the latter sold his part to the In- 
dians, transferring to them the grant made by Governor 



THE SPANISH AECHIVES OF NEW MEXICO 7 

Kodriguez ; that Quiros sold his part of the land to Miguel 
Tenorio de Alva, who sold it to the Indians. The peti- 
tioner further relates that almost half of the land bought 
of Tenorio by the Indians is claimed by Baltazar Trujillo, 
who states that he bought it of Tenorio, and who exhibits 
a certified copy of a deed to the latter from Quiros. The 
petitioner asks that such steps be taken as will enable 
him to appear before the governor of the kingdom in 
such manner as to secure a decision favorable to the In- 
dians. 

This petition bears no date, but was presented to Jo- 
seph Trujillo, chief alcalde and war-captain of the Villa 
Nueva de Santa Cruz, on May 16, 1715. 

That officer then took the testimony of the following 
persons: Captain Miguel Tenorio de Alva, Captain Bal- 
tazar Trujillo, an Indian named Juanillo, another named 
Lucas de Abenbua, another named Francisco Canjuebe, 
alias Bollo, and three others, named respectively Miguel, 
Tomas, and Pablo. 

This testimony seems to indicate that probably Tenorio 
had sold a part of the land to the Indians and another 
part to Trujillo, and that some of the Indians had not 
paid their portion of the purchase price. Tenorio appears 
to have considered the sale as one made to Indians indi- 
vidually, and not to the pueblo of Pojoaque. 

After the testimony was taken on the 17th and 24th 
days of May, 1715, it was delivered to the Indians* attor- 
ney, Juan de Atienza, in order that he might make such 
use of it as he deemed proper in the interest of the In- 
dians. 

On June 12, 1715, Atienza presented to Governor Juan 
Ygnacio Flores Mogollon a petition setting forth the steps 
he had taken in the matter and asking that the governor 
do justice to the Indians. 

The governor at once appointed Alonzo (or Alfonso) 
Rael de Aguilar to investigate the matter, and report to 
him. 

This officer, on June 14, 1715, issued an order for Cap- 
tain Miguel Tenorio de Alba to present to him the titles 
and papers upon which he based his right to sell the land 
in question; and on the same date he made an entry to 
the effect that he had personally notified Tenorio and that 
the latter had stated that he would obey the order. 

On June 19, 1715, Tenorio made a written statement, 
which he presented to Rael de Aguilar, in which he calls 



8 THE SPANISH ARCHIVES OF NEW MEXICO 

attention to a certified copy of a deed which he presents 
for inspection, stating that the original thereof is in the 
government archives. He also refers to the grant under 
which Joseph de Quiros had held the lands in question, 
which grant he states was made to Quiros and his son-in- 
law, Antonio Duran de Armijo. He refers also to a me- 
morial which he presented to the Marquis of Penuela (a 
former governor of New Mexico) in regard to the Indians 
being obliged to pay him what they still owed on the land. 

The three documents referred to by Tenorio are parts 
of this archive. The first begins on page 1 of leaf 16. It 
is a copy of a deed, dated December 16, 1703, by Joseph 
de Quiros to Miguel Tenorio de Alba, and the correctness 
of the copy is certified to by Cristobal de Gongora, secre- 
tary of the town council of Santa Fe. This deed is for a 
portion of the land claimed by Quiros under the grant 
made by Governor Rodriguez. The land sold is described 
as consisting of three fanegas of corn-planting land, 
which, according to calculations based on data found in 
" Ordenanzas de Tierras y Aguas," by Mariano Galvan, 
Paris, 1868, p. 164 (see also Hall's Mexican Law, p. 82), 
would amount to about 26.45 acres. The boundaries are 
described as follows: "On one side, which is that of the 
north, by some hills, on the south by the river; on the 
east by San Juan bluff ; and on the west by lands of Juan 
Trujillo." The consideration was 130 pesos. 

The second document cited by Tenorio begins on page 
1 of leaf 14, of this archive. It consists of a petition by 
Antonio Duran de Armijo and Joseph de Quiros, directed 
to the governor and captain-general of New Mexico, ask- 
ing for a grant of a piece of cultivable land located be- 
tween the San Juan road and the Jacona bluffs. The 
boundaries were: "On the north side, the hill as we go 
to the new town (Santa Cruz de la Canada) ; and on the 
south side the river which comes from Pojoaque; and on 
the east side the San Juan road ; and on the west side the 
rocky bluffs (penascos) which look toward Jacona." This 
petition was presented to Governor Pedro Rodriguez Cu- 
bero on September 10, 1701, and on that date he made 
the grant and ordered the chief alcalde of Santa Cruz, or 
his deputy, to place the grantees in possession of the land. 
On September 12, 1701, the chief alcalde, Roque Madrid, 
gave the possession with the following boundaries: "On 
the east side by a main road which goes to San Juan ; on 
the west side by a precipitously crested red hill (un 




DUKE OF ALBURQUERQUE 
Viceroy of Mexico 






THE SPANISH ARCHIVES OF NEW MEXICO 9 

creston Colorado) ; on the north side by the hills; and on 
the south side by the river which comes down from the 
pueblo of Nartibe. 

Immediately after this act of possession, in a different 
handwriting from any in the muniments, is the follow- 
ing: "I transfer this grant to Francisco Canjuebe (Fran- 
cisco Joseph Casados being witness) and he agrees to pay 
me at harvest time. ' ' There is no signature. 

The third document referred to by Tenorio is leaf 13 
of this archive. It is what he terms a memorial. In it he 
sets forth that he had sold to the Indians of Pojoaque 
about three fanegas of corn planting land, for the same 
price for which he had bought it 130 pesos, and that 
after the lapse of two years they were still in arrears on 
the payment. He asks that they be compelled to pay him 
what they owed him. In a marginal note dated April 10, 
1712, the Marquis of Penuela, then governor of New Mex- 
ico, to whom the memorial was directed, told Tenorio to 
apply to the chief alcalde of Santa Cruz, or his deputy, 
and ordered the latter to compel the Indians to pay the 
debt or to cease using the land, which upon the re-payment 
to the Indians of what they had advanced on it might be 
sold by its owner to whomsoever he saw fit. 

Tenorio ? s statement of June 19, 1715, when presented 
to Rael de Aguilar, was accompanied by the titles to the 
land and other documentary evidence, as is shown by a 
marginal note on the first page of leaf 9. 

After Tenorio 's statement the next document, in chron- 
ological order, is a petition by Juan de Atienza, attorney 
for the Indians, calling attention to the proceedings had 
in the time of Governor Juan Ignacio Flores Mogollon, 
and asks that they be examined, and that justice be done 
to the Indians. 

This petition was presented to Felix Martinez, governor 
of New Mexico, and on April 30, 1716, he issued an order 
in which he states that as Alonso [Alfonso] Rael de 
Aguilar had acted in connection with such proceedings 
he was directed to present them to the governor for the 
latter 's examination and decision. 

Near the bottom of the second page of leaf 16, follow- 
ing the certified copy of the deed from Joseph de Quiros 
to Miguel Tenorio de Alba, is Rael de Aguilar 's state- 
ment that the proceedings had not been concluded on ac- 
count of the absence from Santa Fe of Juan de Atienza, 
and because Rael de Aguilar 's commission had expired 



10 THE SPANISH AECHIVES OF NEW MEXICO 

when Governor Martinez succeeded Governor Flores. But 
he transmits the proceedings uncompleted to the governor 
to be deposited in the archives. 

8 DIEGO AEIAS DE QUIROS, July 24, 1715. City of 
Santa Fe. 

Eelative to the opening of a spring in the Cienega. The 
court house and a number of private residences now oc- 
cupy this tract, which was granted to the cdbildo of Santa 
Fe, August 20, 1715, as appears by the following, on file 
in the office of the surveyor-general . File 4. 

Copy of documents of 1715 referring to the cienega, to 
the streets of Santa Fe, and their being obstructed by 
buildings; mention is made of the "Calle Real de San 
Francisco" and of the old church of the same name on 
the plaza. There is also a grant to the Captain Diego 
Arias de Quiros of a spring and reservoir which he had 
constructed in the cienega. 

"I, Don Juan Ygnacio Flores Mogollon, governor and 
captain-general of this kingdom and provinces of New 
Mexico, and commander of its forces and garrisons for 
his majesty, &c. WHEREAS, on the 24th day of the month 
of July past, the illustrious cabildo of this town made a 
presentation to me with regard to various matters, and 
one of them was that, whereas the swamp (cienega} that 
lies to one side of this castle, looking to the east, is royal 
domain, that it should be adjudicated as municipal land 
(propios) of the town, in the name of his majesty, so 
that the inhabitants may enjoy the benefit and use of 
cutting hay for their animals as they have done hereto- 
fore and are doing until now, and because in an order 
I issued at the foot of said presentation on the 27th day 
of the said month of July, making provisions with regard 
to the other points stated to me in said representation, I 
say that because this petition is so justified, and because 
the said swamp (cienega) is royal domain, I make it the 
grant in the name of his majesty (whom may God pre- 
serve) , and I order that a portion of it should be executed 
by virtue of the faculty conferred on me on account of 
my office, I grant to the said illustrious cdbildo the said 
swamp (cienega') in the condition in which it is at pres- 
ent, for the reason that a piece thereof has been adjudi- 
cated to Captain Diego Arias de Quiros, on which he has 
introduced himself for many days by farming on it; 
likewise did I grant him a small spring of [torn] that he 






THE SPANISH ARCHIVES OF NEW MEXICO 11 

had taken out making a tank in order to be able to irri- 
gate [torn]. As all appears from the proceedings that 
[torn] spring or tank were formed [torn], cabildo, and 
that he may become acquainted with all the points of his 
representation, and the condition with which I have made 
the said grant for the said tank and piece of swamp (cie- 
nega}, farmed by the said Captain Diego Arias, in order 
that said illustrious cabildo may ask whenever he fails in 
any of the circumstances with which I made him the 
grant ; and likewise shall it be able to ask as against other 
persons that having obstructed the inlets and outlets, and 
ancient streets of this town, I order that testimomo of 
said proceedings shall be given to it literally, said pro- 
ceedings being now in the office of the secretary of this 
government, in order that said illustrious cabildo may 
keep it in its archive, and that it may there always ap- 
pear; and of this grant, with regard that the swamp 
(cienega] has been adjudicated to it record shall be made 
(se tomare razon) in the book of grants and entries of 
this government. It is done at this town of Santa Fe, of 
New Mexico, on the 20th day of August, 1715, and I 
signed it with my secretary of government and war. 
"DON JUAN YGNACIO FLORES MOGOLLON 

"By command of his excellency the governor and cap- 
tain-general: ROQUE DE PINTTO [rubric] 

"Secretary of Government and War. 

"I made the record on said day (toma la razon)." 

The question of title to lands in the "cienega" was not 
finally settled until the Congress of the United States 
empowered the City of Santa Fe to make quit-claim to 
lands held within the areas prescribed by the act. The 
title was in question shortly before the American Occupa- 
tion, during the administration of Governor Mariano 
Martinez. 

9 JUAN ALONZO DE MONDRAGON and SEBASTI- 
ANA TRUXILLO to Francisca Antonio De Eguijosa. 
Villa Nueva de Santa Cruz, May 19, 1716. Before 
Juan Garcia de las Rivas, Alcalde. 

Conveyance of lands. This property is located in the 
present county of Rio Arriba, New Mexico. 

10 CRISTOBAL MARTIN and ANTONIO DE MORAGA 
to Captain Diego Arias de Quiros. 1716. City of San- 
ta Fe. Before Francisco Joseph Cassados, Alcalde. 



12 THE SPANISH ARCHIVES OF NEW MEXICO 

Conveyance of lands in the city of Santa Fe. This item 
is in a very badly damaged condition. 

11 BERNARDO CASILLAS to Juan Estevan de Apodaca. 
City of Santa Fe. December 29, 1716. 

Conveyance of house and lands. County of Santa Fe. 
Before Juan Garcia de las Rivas, Alcalde. 

12 DIEGO ARIAS DE QUIROS. March 23, 1717. City 
of Santa Fe. Before Juan Paez Hurtado, Governor 
and Captain-General. 

Grant of a lead mine, situate five leagues from Santa Fe, 
between La Cienega and La Cieneguilla. This is in the 
southern part of the county of Santa Fe, near the mining 
district at one time called the Bonanza; about nine miles 
from Los Cerrillos, on the line of the Atchison, Topeka 
and Santa Fe Railway. In this locality afterwards were 
found and located many prospects, and mines bearing 
silver, lead, and zinc. The famous turquoise mines are 
close by. 

De Vargas re-assumed the office of governor and cap- 
tain-general on November 10, 1703. In the spring of the 
year following he inaugurated and led a campaign against 
the Faraon Apaches, in the Sandia mountains; he was 
taken ill while upon this campaign and died suddenly at 
Bernalillo, April 8, 1704. His remains were taken to 
Santa Fe and were buried in the church. See archive 
1027 ; his will. 

Bancroft says that Don Francisco Cuervo y Valdez as- 
sumed the office of governor ad interim on March 10, 1705. 
This is a mistake. Six months before this date, August 4, 
1704, he was already in office, as a suit at law involving 
the title to lands was tried before him. See archive 295, 
Antonio Bas Gonzales vs. Diego Arias de Quiros. Don 
Juan Paez Hurtado, the friend of De Vargas, did not 
serve, as Bancroft says, until March 10, 1705, for the 
reason that on August 4, 1704, he was present at this trial 
and signed the proceedings. 

13 JUAN DE ARCHIVEQUE. 1721. 

Inventory and partition of his estate; made by the Cap- 
tain Bueno de Bohorquez y Corcuera. In the City of 
Santa Fe. The item contains ninety-eight pages. 

With it is a document of four pages, being a certified 
copy of an order of the viceroy of New Spain defining 



THE SPANISH ARCHIVES OF NEW MEXICO 13 

the boundary line between Nueva Vizcaya and Nuevo 
Mexico. The original order was dated at the City of 
Mexico, August 2, 1682. See note to archive 6, ante. 

Ad. F. Bandelier was the first writer in English to 
identify this man as the Jean LArcheveque of the ill- 
fated La Salle expedition. An account of his purchase 
from the Texas Indians by Governor Alonzo Leon is given 
by Palacio Eivas in his A Traves de Los Siglos, published 
several years prior to Mr. Bandelier 's article appearing in 
the Nation, August 30, 1888, as follows : 

"Two months ago, while searching the archives of the 
Pueblo of Ka-Po or Santa Clara (New Mexico) for docu- 
ments of historical import, in behalf of the Hemenway 
Southwestern Archaeological Expedition, my attention 
was drawn, among others, to the great number of manu- 
scripts called in Spanish Diligencias matrimoniales. They 
are investigations made on the petition of parties apply- 
ing for license to marry, and consist in the main of the 
application of him or her, and of the examination of wit- 
nesses in regard to the standing of the applicants, their 
relations towards each other, etc. Among these I found 
one at Santa Clara headed: 'Ynformacion de Pedro 
Meusnier, frances. 1699.' The fact that Frenchmen 
should be found in New Mexico at such an early date, 
and in face of the stringent laws of Spain against the 
admittance of foreigners into the colonies, appeared in- 
teresting. My interest soon increased upon discovering 
that Meusnier had come over to America in the fleet com- 
manded by 'Monsieur de La Sala' in 1684. This is testi- 
fied to by two witnesses, one of whom signs himself Juan 
de Archeveque, while the other, rather illiterate, has not 
signed, but states in his deposition that he is a native of 
La Rochelle, and his name is given as * Santiago Groslee. ' 
Both these witnesses claim to have come over with Meus- 
nier in the same fleet, and in the year 1684 also. Both 
Meusnier and Archeveque were in 1699 soldiers of the 
garrison of Santa Fe ; Groslee was a resident of that town. 

"There was only one LArcheveque in La Salle 's ill- 
fated expedition, and the evidence seemed quite conclu- 
sive that this was the one whose signature I had before 
me at Santa Clara. Mr. Parkman, to whom I communi- 
cated the fact, also inclined to the belief that he was the 
fellow who enticed La Salle into the fatal snare, while 
Groslee seemed to be Grollet, the sailor. I have since 
found the latter as Grolle and Groli in two official docu- 



14 THE SPANISH AECHIVES OF NEW MEXICO 

ments now in my possession. As late as 1705 he was a 
resident of the little town of Bernalillo, on the Rio 
Grande. Of Meusnier I have not been able to find any 
further trace as yet. 

"But the chief interest to me rested in the person of 
L 'Archeveque, the more so since there is to-day in New 
Mexico a family calling themselves Archibeque, and of 
whom it is surmised, at least, that they are of French 
descent. Furthermore, I had met, in documents ante- 
dating 1720, the name and declarations of a Captain Juan 
de Archeveque. It was but natural to suspect that the 
Captain of the War Councils of 1715 and of 1720 was 
the same man as the private soldier of 1699 ; the more so 
since at the latter council, where the project of the ill- 
fated reconnoissance to the Arkansas river was discussed, 
the said Capt. Archibeque strongly recommended it, al- 
leging in its favor, along other reasons, that it would 
procure definite information in regard to 'his country- 
men the French/ 

"Researches at the archives of the U. S. Surveyor- 
General's office at Santa Fe brought to light documents 
which impart valuable information. There is in the first 
place a transfer to Juan de Archibeque, 'a soldier,' of 
certain real estate in Santa Fe, in the year 1701. Lastly 
there is the Inventory of the goods and chattels of the 
Captain Juan de Archibeque, a Frenchman, bearing date 
1720. From this manuscript we gather that our man ac- 
companied the expedition to the Arkansas which he had 
so strongly advocated, and that he, with some forty-three 
other Spaniards, was killed there by the Pawnee Indians 
on the 17th of August of the same year. 

"We further gather that Archibeque was twice mar- 
ried, and left two legitimate and two illegitimate chil- 
dren; that after leaving the military service he became 
a successful trader, extending his trading tours to Sonora, 
and sometimes buying directly at the City of Mexico. His 
estate, after settlement, yielded 6,118 pesos to the heirs, 
an amount quite respectable at the time. Upon a second 
visit to Santa Clara I found there at last the Diligencia 
matrimonial of L'Archeueque alias Archibeque. It bears 
date 1697, and his (first) wife was the widow of Thomas 
de Ytta, murdered in 1694 near Zacatecas by a mulatto. 
She herself was a native of Tezcuco, in the valley of 
Mexico." 



THE SPANISH AECHIVES OF NEW MEXICO 15 

Felipe de Tamaris, a soldier of the Santa Fe garrison, 
who had accompanied Villasur to the Platte, brought the 
news of the defeat of the Spaniards by the French and 
Pawnees, on the 6th of September, 1720. There were 
a few other survivors. 

A JOSEPH DE ATIENZA. Villa Nueva de Santa Cruz. 
April 14, 1722. 

A petition for land. It was referred on the same day to 
Captain Alonzo Rael de Aguilar by Don Juan Domingo 
de Bustarnante, governor and captain-general. 

Captain Alonzo Rael de Aguilar was one of the re- 
conquistador es ; he was secretary of government and war. 

The tract known as "Cerrillos" was granted to him by 
General De Vargas at the time of the first entrada, as ap- 
pears from the following archives : 

On the 20th of April, 1788, Josef Miguel de la Pena 
asked for a piece of land called "Los Cerrillos" which 
said tract "when this province was conquered belonged 
to Don Alonzo Rael de Aguilar, who was my wife, Maria 
Rael's grandfather, and having left it so many years un- 
occupied, and Don Alonzo having lost the right he had to 
it," possession was given to the applicant and the other 
heirs of Don Alonzo de Aguilar by Don Josef Antonio 
Ortiz under orders of the lieutenant-colonel and political 
governor, Don Fernando de la Concha; the boundaries 
of the land being on the north the Canada Guicu and 
lands of Los Bacas ; on the south by the Cerros Altos ; on 
the east by the road that goes to Galisteo. Mention is 
made of lands belonging to Don Cleto Miera y Pacheco. 
Josef Miguel de la Pena, for the sum of $450.00, in 1791, 
sold the property to Don Cleto de Miera. This property 
later belonged to Colonel Manuel Delgado, who was sec- 
ond in command in New Mexico under General de la 
Concha. Upon this property was a mine known as the 
"Mina del Toro." 

The heirs in the year 1750 of the conquistador Alfonso 
Rael de Aguilar were : Eusebio de Aguilar ; Juan Rael 
de Aguilar; Antonia Teresa Rael de Aguilar; Francisco 
Rael de Aguilar; and children of the deceased Alfonso 
Rael de Aguilar, and the children of Feliciano Rael de 
Aguilar. Don Diego de Vargas granted the Cerrillos tract 
to the elder Alfonso Rael de Aguilar. In the year 1696 
the elder Rael de Aguilar retired from Los Cerrillos by the 
order of General de Vargas, where he had lived four years 



16 THE SPANISH ARCHIVES OF NEW MEXICO 

and built houses, the ruins of which were visible in 1750. 
In that year Juan Rael de Aguilar, one of the heirs, was 
in the city of Santa Fe, but he was then a resident of the 
city of Chihuahua, but was willing to return "as soon as 
your excellency shall deign to concede us the said grant. ' ' 
The original grant to Alonso Rael de Aguilar, the sec- 
retary of government and war under De Vargas, was as 
follows : 

' ' His EXCELLENCY THE GOVERNOR AND CAPTAIN-GENERAL : 
"I, Ensign Alfonso Rael de Aguilar, a soldier and sec- 
retary of state and war of this province of New Mexico, 
by appointment of your excellency, before whom I ap- 
pear and state : That considering that this said province 
of Mexico is now reduced and conquered, it having cost 
your excellency much watching, much care, and great 
expense, I enter a tract of land situated from this city 
of Santa Fe from four to five leagues, and called the 
Cerrillos tract, for which your excellency will please make 
me in the name of His Majesty a grant, as one of the 
conquering soldiers that have come with your excellency, 
which tract of land I ask, with its entrances, and exits, 
uses and customs, as well as the water, pasturage, and 
watering-places, as the same were enjoyed by the former 
settlers of the tract. I ask and pray in due humility that 
your excellency be pleased to concede and make me, in 
the name of His Majesty, a grant for said tract of land, 
as I am a poor married man, with children, and I trust 
that your excellency will grant me, as I have requested; 
and I declare in due form of law that this my petition 
and entry is not made in dissimulation, and as may be 
necessary, etc. ALFONSO RAEL DE AGUILAR. ' ' 

"At this fortified town and garrison aforementioned, 
of the city of Santa Fe, in the province of New Mexico, on 
the 18th day of the month of September, in the year 1692, 
before me, Diego de Vargas Zapata y Lujan Ponce de Leon, 
His Majesty's governor and captain general of this said 
province, and its domain and districts and castellan of the 
forces and garrisons therein, the foregoing petition was 
presented by the petitioner, who is a soldier at this gar- 
rison, and my secretary of state and war, and in consider- 
ation of his services and of the loyalty with which he has 
served, and the love he has borne His Majesty, I, the said 
governor and captain general do, in the name of His 
Majesty, make him a grant for the land, together with its 






#<x/7l<*l*. &TW^/**Su <- 










PAGE FROM OLDEST ARCHIVE IN OFFICE OF SURVEYOR-GENERAL 
With Signature of Don Antonio Otermin, Governor and Captain- 
General of New Mexico 



THE SPANISH ARCHIVES OF NEW MEXICO 17 

pasturage, waters, timber, watering-places, uses and cus- 
toms, and the appurtenances, so that at his will he may, 
'God, the father willing,' enjoy the same for himself and 
his heirs, as the will of our Lord, the King, in whose 
royal name, and in consideration of the merits and services 
of the party, I do make to him the said grant. In testi- 
mony whereof I signed this with two witnesses, the same 
being the captain and ensign of this garrison, and I re- 
turned to the party the said petition, and the granting de- 
cree thereon, in the presence of Sergeant Major Fernando 
de Chavez and Captain Antonio Jorge, residents of this 
said province, and participants in the said conquest. 

" DIEGO DE VARGAS ZAP ATA LUJAN PONCE DE LEON 
"ROQUE MADRID 
"JUAN DE DlOS LUZERO DE GODOY" 

Don Juan Domingo de Bustamante had been exercising 
the functions of governor and captain-general a little over 
a month at the time this petition was presented. He was 
governor during two terms, the second ending in 
1731. He was a great Indian campaigner and led 
all the campaigns during his rule. It was during 
his administration that the controversy arose between 
the Franciscans and the bishop of Durango. In this 
controversy Rael de Aguilar took side with the frayles, 
while General Juan Paez Hurtado, a companion in 
arms, was against them. Bustamante was tried on the 
charge of "illegal trade" and found guilty. 

This archive proves conclusively that the Estancia of 
Los Cerrillos was occupied before the rebellion of 1680. 

Diego Arias de Quiros, in addition to being an alcalde, 
was a captain. All of the prominent soldiers also occu- 
pied civil positions. In this way a great deal of com- 
plaint arose on the part of the Franciscan friars, although 
a search of all available records does not sustain the charge 
that the officers were brutal in their treatment of the In- 
dians, although it is rather apparent that the officers made 
everything possible in a pecuniary way out of their po- 
sitions, both civil and military. 

F. Carlos Delgado in his Informe says that the alcaldes 
were creatures of the governor, each one appointed on con- 
dition that he make all he can and divide with the gov- 
ernor. It is certain that the Spaniards made the Indians 
pay quite a tax in the shape of cotton cloths, working in 
the fields, etc. 



18 THE SPANISH ARCHIVES OF NEW MEXICO 

The father of Roque Madrid had a rancho near the 
Cerrillos. Captain Roque Madrid worked a prospect at 
Cerrillos for the purpose of obtaining lead for the guns of 
the Spanish soldiers. 

It was also said that the governors sent to New Mexico 
were compelled to pay tribute to the viceroys to whom 
they owed their appointments. See letter of Fr. Suarez 
where he says: "Pero, muy catolico Rey y Senor, como 
los que vienen son criados de los virreyes, o compran los 
officios, &c." 

In the beginning, subsequent to the conquest of Mexico 
by Hernando Cortes, it seems that all offices were given 
more as favors than as rewards for services to the crown. 

General Juan Paez Hurtado had special charge of the 
colonists who came back with De Vargas in 1693. When 
charges were preferred against De Vargas, Hurtado was 
also accused. His arrest was ordered by Governor Cu- 
bero; he was charged with defrauding the colonists of 
half the royal allowance to each; after the death of De 
Vargas he served as governor ad interim until the arrival 
of Governor Cuervo y Valdes, in the summer of 1704. 
Governor Cuervo commissioned him as general. In 1715 
he made a campaign against the Apaches. In 1716, when 
Governor Martinez was ordered to report to the viceroy at 
Mexico, Martinez tried to leave him in charge at Santa 
Fe as governor; he probably filled the office for a short 
period until Valverde assumed the office; he was lieuten- 
ant-general in 1724. 

De Vargas's term of office expired in 1696, but he was 
still in office in that year ; see archive No. 2. 

Don Pedro Rodriguez Cubero took possession of the 
office of governor on the 4th of July, 1697. He had a 
commission as juez de residencies ; De Vargas gave up the 
office unwillingly and Cubero became his enemy; the 
cdbildo of Santa Fe were enemies of De Vargas because 
he kept his promises with the Indians and restored cap- 
tives who were slaves and servants of the Spanish settlers 
and officers; he treated De Vargas very cruelly; found 
him guilty of charges of embezzlement. Cubero made a 
tour of the pueblos of the province. In 1703, Cubero 
learned that De Vargas had been exonerated and re-ap- 
pointed and left the country without meeting De V., who 
was now Marques de la Nava de Brazinas. He was after- 
wards made governor of Maracaibo and died in Mexico 
the year after he left Santa Fe. 






THE SPANISH ARCHIVES OF NEW MEXICO 19 

IGNACIO LOSANO to. Joseph de Armijo. May 15, 
1727. City of Santa Fe. Before Diego Arias de Quiros, 
Alcalde. 

Conveyance of a house and land. 

ANTONIA and FEANCISCA MAESE to Alonzo Eael 
de Aguilar. June 10, 1727. City of Santa Fe. 

Conveyance of land. Before Diego Arias de Quiros, Al- 
calde. One of these grantees was the wife of Nicolas 
Ortiz Nino Ladron de Guevara, who was an owner in the 
Caja del Rio Grant. 

17 MIGUEL DE AECHIVEQUE. 

August 14, 1727. City of Santa Fe. Will. He was the 
son of Captain Juan de Archibeque. 

18 LORENZO GRIEGO to Teresa Ansures. December 
ber 20, 1734. City of Santa Fe. 

Conveyance of land. Before Geronimo Xaramillo, Al- 
calde. 

19 JUANA MARTIN to Juan de Apodaca. September 
20, 1734. City of Santa Fe. 

Conveyance of land. Before Antonio de Uribarri, Alcalde. 
Antonio de Uribarri was also a captain. He took part 
in the troubles between the bishop of Durango and the 
Franciscans. He held the position of alcalde of Santa Fe 
for more than fifteen years. The alcalde mayor of Santa 
Fe at this time was Francisco Bueno de Bohorques y 
Corcuera, who was also a captain in the army. There 
seem to have been four alcaldes of Santa Fe at this time. 

20 LAZARO DE ATIENSA versus ANTONIO MARTIN. 

Suit over land. September 30, 1735. Before Juan Este- 
ban Garzia de Noriega, Alcalde. Sitio del Ojo Caliente, 
Rio Arriba county, New Mexico. Before Gervasio Cruzat 
y Gongora, Governor and Captain-General. 

Juan Estevan Garcia de Noriega was the son of Juan 
Garcia de Noriega, an officer under Cruzate and later 
with De Vargas. 

Don Gervasio Cruzat y Gongora held the office of gov- 
ernor five years, succeeding Don Juan Domingo de Busta- 
mante in the year 1731. He took evidence for the bishop 
of Durango in his contest with the Franciscans. It is 



20 THE SPANISH ARCHIVES OF NEW MEXICO 

certain that he was acting in 1731 : see archive 317. He 
founded a mission of Jicarilla Apaches on the Rio Tram- 
pas, Taos county, in 1733. Pr. Juan Mirabal was the 
Franciscan who looked after this mission. Fr. Mirabal 
thought that inasmuch as the Jicarillas were Christians 
they had a right to make war on the Comanches, who 
were not. 

21 JUANA DE LOS EEYES PEEEA to Francisco Angel. 
September 20, 1738. City of Santa Fe. 

Conveyance of land. Before Captain Antonio Montoya, 
Alcalde. Antonio Montoya was a celebrated Indian 
fighter. 

22 ANTONIO DE ULIBAEEI to Francisco Xavier Angel. 
August 5, 1738. City of Santa Fe. 

Conveyance of lands. Before Captain Antonio Montoya, 
Alcalde. 

23 PASCUALA PADILLA to Agustin de Archibeque. 
May 17, 1739. City of Santa Fe. 

Conveyance of lands. Before Antonio Montoya, Alcalde. 
Agustin de Archibeque was the son of Juan de Archi- 
veque. 

24 JUAN JOSE DE AECHULETA. August 20, 1742. 
City of Santa Fe. 

Grant made by Governor and Captain-General Don Gas- 
par Domingo de Mendoza. This tract of land lies about 
a mile below the City of Santa Fe. 

Don Gaspar Domingo de Mendoza was appointed gov- 
ernor on May 12, 1737, but did not assume the duties of 
his office until the month of January, 1739. He contin- 
ued in office until 1743. In 1740, some Frenchmen came 
into the province by way. of Taos, two of whom remained 
at Santa Fe. One of these was named Louis Marie; he 
had some trouble with the authorities, and was shot in 
the plaza by order of Mendoza. There were nine of them 
in the party. Villasefior says they settled near Albur- 
querque; this must be the settlement near Isleta, called 
Canada and later Fuenclara and Limpid Conception. 

Among these Frenchmen were the Mallet brothers. They 
came from the French settlements on the Mississippi 
river. They followed up the Missouri river for a long 
distance, thinking that was the route. They found out 






THE SPANISH ARCHIVES OF NEW MEXICO 21 

from some Aricara Indians that they were mistaken and 
were shown by them the route. They arrived at Santa 
Fe July 22, 1739, and on the first of May, 1740, leaving 
two of them at Santa Fe ; only three went back and these 
returned by way of the Pawnee villages; some of them 
returned by way of the Arkansas river and the Mississippi 
to New Orleans, it is stated. 

The next Frenchman to come to Santa Fe was Baptiste 
LaLande, who came there in 1804. At least he told Ma- 
jor Zebulon Pike, in 1807, that he had been in Santa Fe 
three years. 

During the administration of Don Joachim Codallos y 
Rabal, who succeeded Mendoza, thirty-three Frenchmen 
visited the Jicarillas and Comanches and sold them a lot 
of guns. Governor Codallos thought that some of those 
who had come in 1739 were in this party and that the 
French were hostile in their intentions. 

25 JUAN ANTONIO AECHULETA and LEONAEDO 
GONZALES. 

A grant of land. September 4, 1742. City of Santa Fe. 
Made by Don Gaspar Domingo de Mendoza, governor and 
captain-general. The land is situate near Santa Fe, close 
by a little hill called "Serrito de Lara." 

26 VICENTE DE ABMIJO. 

Will. November 15, 1743. City of Santa Fe. Before 
Don Antonio de Ulibarri, Alcalde. 

The full name of this "re-conquistador" was Vinceute 
Duran de Armijo. In 1739, he made application to Gov- 
ernor Mendoza for a tract of land near the pueblo of 
Nambe. The petition recites several points of historical 
interest, and the disposition to guard the interests of the 
Indians is manifest in the act of possession, both of which 
are as follows : 

"To His EXCELLENCY, THE GOVERNOR AND CAPTAIN-GEN- 
ERAL: 

"Vincente Duran de Armijo, resident of the Villa de 
Santa Fe, and settler and conqueror of the Kingdom of 
New Mexico, appears at your excellency 's feet in the most 
approved manner the law allows, and states : That having 
experienced innumerable sufferings and hunger and 
nakedness, and other misfortunes we have undergone in 
this poor kingdom, on account of having lost our personal 
labor in our corn and wheat fields, with which we were 



22 THE SPANISH ARCHIVES OF NEW MEXICO 

to meet our obligations, owing to the scarcity of water in 
the river running through the city, which arises from 
the absence of rain for some time back, and our personal 
labor upon our grain crops being useless as they have all 
failed; and having been one of the settlers of this king- 
dom from the year '94, and always ready armed and 
equipped, at my own expense, to go upon any campaign 
or expedition whenever required as a loyal subject of 
His Majesty, whom may God preserve; This, sir, has 
always been [torn] having been in the army which has 
gone on said campaigns and expeditions against the hos- 
tile Indians who inhabit these parts of the kingdom at 
this time. Sir, I have by my exertions accumulated a 
little capital with a great risk to my life by making jour- 
neys to the outer country, and have become the owner 
of a certain amount of live stock which is not secure from 
the hostile attacks of the Indians, who on certain occa- 
sions inhabit the country where my stock is pastured; 
and I have had warning from two cows belonging to me 
which have been killed by the enemy during the present 
year. 

"I have seen proper to register a piece of land which 
is a surplus beyond the lands of the friendly Indians of 
the pueblo of Na/mbe, without disturbing the pastures or 
waters upon which the herds of this royal garrison or the 
animals of the aforesaid Indians are pastured, nor any 
other person using said lands. It contains about six 
fanegas of wheat and two of corn, and its boundaries are 
as follows: on the north it is bounded by an arroyo; on 
the south by the lands of Bernardo de Sena; on the east 
by a mountain; on the west by lands of the aforemen- 
tioned Indians of Nambe. 

"This piece of land, in the name of the King, our sov- 
ereign, whom may God preserve [torn] four fam- 
ilies whom I have emancipated my children, that the 
piece of land "in this city is not sufficient for all ; and by 
granting us the aforesaid land we may receive some ben- 
efit from our labor, and my cattle will be secure from 
the enemy, to be with pastures and watering places, and 
that royal permission be given me in the name of His 
Majesty; and I swear that this, my petition is not made 
through malice, etc. VINCENTE DUBAN DE ARMIJO ' ' 

ROYAL POSSESSION 

"In the City of Santa Fe, capital of the kingdom of 
New Mexico, on the twenty-fifth day of September, in 






THE SPANISH AECHIVES OF NEW MEXICO 23 

the year one thousand seven hundred and thirty-nine, I, 
Don Gaspar Domingo de Mendoza, governor and captain- 
general of said Kingdom by his Majesty, whom may God 
preserve, having seen the above, considered it as pre- 
sented, and having ascertained its contents, I ordered that 
possession be given to the petitioner of the land he solicits. 
It is not, however the land he mentions in his petition, 
the Indians of the adjoining pueblo having objected to 
his having the land he asks for; although I caused the 
Indians of said pueblo to appear before me, who before 
the petitioner, declared themselves pleased that the land 
should be given to him in the vicinity of their pueblo 
where no injury would result to them. Therefore, I or- 
der and direct the senior justice of the proper jurisdic- 
tion to proceed to place him in possession of said lands 
in the name of His Majesty, in order that he may settle 
upon, cultivate and improve them according to the royal 
decrees, for himself, children, heirs, successors and others 
having a better right thereto; establishing his boundaries 
with all the formalities required in the royal grants, so 
that by virtue of these formalities all difficulties may be 
prevented in the future. I so provided, signed and or- 
dered with my attending witnesses, acting by appoint- 
ment, in the absence of a royal or public notary, there 
being none in this Kingdom, and on this common paper, 
there being none which is stamped. 

"DON GASPAR DOMINGO DE MENDOZA 

"Witnesses: 

" DIEGO DE UGARTE 

"JOSEPH DE TERRUS" 

"On the fifth day of the month of October of the 
present year, one thousand seven hundred and thirty- 
nine, I, the senior justice and war-captain of the new city 
of Santa Cruz and its districts, by virtue of the decree 
of his excellency the governor and captain-general, Don 
Gaspar Domingo de Mendoza, I proceeded to the pueblo 
of Nambe within my jurisdiction, taking with me five 
witnesses to act in that capacity, and three of whom were 
to act as instrumental and two as my attending witnesses, 
with whom I acted, and these being present with the par- 
ties, Vincente Duran de Armijo and the Cacique and old 
men, natives of the pueblo, with the governor and other 
authorities of the aforesaid pueblo of Nambe, I read to 
them the foregoing document presented by Vincente Du- 
ran de Armijo. I also read to them, in a clear and audi- 
ble voice, the provisions made by the said governor and 



24 THE SPANISH AECHIVES OF NEW MEXICO 

captain-general, where his excellency directs and orders 
that possession be given to him of the lands the petition 
asks for, but afterwards the Indians of the aforemen- 
tioned pueblo, having made opposition on the ground that 
the granting of the land asked for by the petitioner would 
be a great injury to them, although it did not belong to 
the pueblo, they voluntarily agreed to give to the said 
Vincente Duran de Armijo a piece of land for himself, 
his children, heirs and successors from the lands of the 
pueblo, in the place of that he asked for, and which would 
be so much to their injury. In view of which his excel- 
lency provides that he shall not have the lands he asks 
for, but that which may be selected with the consent of 
the Indians, and I, the said senior justice, as aforesaid, 
all the natives of the aforesaid pueblo being present and 
informed of his excellency's order, and of all that had 
been agreed upon with the said Yincente in the presence 
of the said governor and captain-general, they stated 
that they would assign, and did assign, to the said Vin- 
cente Duran de Armijo a piece of land to the west of the 
said pueblo of Nambe, on the borders of their lands ; that 
on the said western side a small portion is bounded by 
lands of the pueblo of Pojoaque, whose boundary is an 
arroyo which runs into the Rio Nambe, that is on the 
southern side of said river of Nambe, and on the east by 
a stone mound and a medium sized cedar, which is the 
boundary between the pueblo and the said Vincente ; and 
on the north this little piece is bounded by said river and 
on the south by an acequia, which runs along the foot of 
some barren hills, the distance being cords of fifty varas 
each from the river aforesaid to the said acequia ; and the 
large piece of land which they gave to the said Armijo, 
which is north of said river, contains seven hundred and 
forty varas in latitude, which is understood to be from 
east to west, and from north to south it contains five hun- 
dred and fifty varas ; the boundaries of which are : on the 
north some stone mounds scattered along some barren 
hills, which form the boundary of the lands of General 
Juan Paez Hurtado, and on the south is bounded by the 
river of said pueblo ; on the east the boundary is a cross, 
on the side of the main road and lands of the Indians of 
said town; and on the west lands of General Juan Paez 
Hurtado, which boundaries are marked by several 
mounds of stone, and on one of them is a holy cross, 
which is to serve as a boundary and division, of which 
two pieces of land I gave him royal possession. I took 



THE SPANISH AECHIVES OF NEW MEXICO 25 

him by the hand and walked with him over said lands. 
He threw stones, pulled up grass, and cried aloud, saying 
long life to the King, in whose royal name I left him in 
quiet and peaceable possession; and he offered to culti- 
vate and settle the same, as directed by royal decrees, 
under penalty of forfeiture, as directed by his Majesty 
in his royal orders ; and in order that said possession and 
the consent and agreement had with the said Vincente 
Duran de Armijo by the aforesaid Indians be placed upon 
record, I certify that such has been the case, and I 
signed, with my undersigned attending witnesses, An- 
tonio Trujillo, Tomas Madrid and Gregorio Garduno, be- 
ing instrumental; the last having been selected by the 
Cacique and authorities of the pueblo at their request to 
sign for them the name of the aforesaid Indians, knowing 
not how to do so themselves; and as aforestated I so 
acted and signed with those in my attendance in the ab- 
sence of a royal or public notary, there being none in 
this kingdom, and on this common paper, the stamp not 
being in use in these parts; to all of which I certify. 
1 ' JUAN GARCIA DE MORA, Acting Justice. 

' ' Witnesses : 

* * NICOLAS ORTIZ 

" FRANCO. GARDUNO 

"At the request of the natives of the Pueblo of Nambe. 

1 ' GREGORIO GARDUNO ' ' 

Don Gaspar Ortiz, a prominent New Mexican, inher- 
ited this property from his grandfather, Gaspar Ortiz, 
who purchased it from Vincente Duran de Armijo. The 
elder Gaspar Ortiz lived upon the property from 1789 
until 1824, when he died. 

27 ANTONIO TAFOYA ALTAMIRANO. 

Will, partition and division of property. February 18, 
1844. Town of El Paso del Rio del Norte. The will is a 
copy certified by Alonzo Victores Rubin de Zelis, Alcalde 
of El Paso. 

The partition was made upon the petition to Bernardo 
de Bustamante de Tagle before Francisco Ortiz, Alcalde. 

28 INHABITANTS OF ABIQUIU and OJO CALIENTE. 

Petition for permission to remove. Before Juan de Bey- 
tia, Alcalde, and Don Joachin Codallos y Rabal, Gov- 
ernor and Captain-General, 1748. 

The settlers of Ojo Calient e, AMquiu, and Pueblo Que- 
mado asked to remove to places of greater security. 



26 THE SPANISH ARCHIVES OF NEW MEXICO 

The inhabitants desired to remove on account of the 
Indian outrages of 1747. The Indians were the Utes. 
Ojo Caliente is about 6,250 feet above sea level; there 
are some fine hot medicinal springs there. Three great 
pueblo ruins are found there. They are Houiri, Homayo, 
and Poseuingge. The last named is near the baths 
(springs). The story of "Montezuma" comes from the 
legend of Poseuingge. 

The modern plaza of Abiquiu stands on the very site of 
an ancient pueblo. The old pueblo, it is said, was peo- 
pled by Genizaros, Indian captives, whom the Spaniards 
had rescued from their captors. The ruins lie on the 
highest point of the present town. This pueblo is of 
pre-Spanish origin. Nobody dwelt there in the sixteenth or 
seventeenth centuries. This was not the pueblo occupied by 
the Genizaros. There were two settlements made at Abiquiu 
in the eighteenth century. The first was by the settlers 
who made this petition to the governor, as it was raided 
on the 12th of August, 1747, in which a number of settlers 
were killed and the rest compelled to leave it. 

It was re-settled in 1754, and Fr. Juan Jose Toledo was 
the priest. The settlers continued to have trouble with 
the Utes and the Navajos. They left, but Governor 
Mendinueta compelled them to return to their homes in 
1770. The mission at this place was called Santo Tomas 
de Abiquiu. In 1779, there were 851 people living here 
and in the immediate vicinity. In the year 1808, there 
were 122 Indians, 1,815 whites and half-breeds. So says: 
Fr. Josef Benito Pereyro in his Noticias de las Missiones, 
etc., Ms. The name of the old pueblo, according to the 
Indians of San Juan was Fe-jiu. Some of the Indians 
called it Jo-so-ge. Jo-so is the name by which the Tehuas 
knew the Moquis. 

The old pueblos near Ojo Caliente are probably of the 
same period as the old pueblo at Abiquiu. They certainly 
were not inhabited when the Spanish explorers in the 
sixteenth century went as far north as Taos (Barba). 

General De Vargas passed by the ruins in 1694, but he 
is mistaken as to what they were, as they were not the- 
ruins of old San Gabriel. See his Relacion Sumaria de 
las Operaciones militares del Ano de 1694, Ms., Washing- 
ton, Library of Congress. 

Don Joachin Codallos y Rabal was governor and cap- 
tain-general of New Mexico from 1743 to 1749. During- 
his administration 440 Moquis came to see him, asking- 
protection and frayles. It is more than likely that a num- 






THE SPANISH ARCHIVES OF NEW MEXICO 27 

ber of these Moquis were settled at Abiquiu in the pueblo 
of " Genizaros" and this accounts for the Tehua appella- 
tion given the pueblo of Jo-so-ge. 

29 PEOPLE OF ALAMEDA. 

Eelative to Joseph Montano having come upon their 
lands. January 20, 1750. Before Miguel Lucero, Al- 
calde. Don Tomas Veles Cachupin, Governor and Cap- 
tain-General. 

30 SEBASTIAN DE VARGAS to Antonio Duran de Arm- 
ijo. July 24, 1751. City of Santa Fe. 

Conveyance of lands. Before Manuel Gallegos, Alcalde. 

31 JULIAN RAEL DE AGUILAR. 

Proceedings in the matter of a contested will. 1751. 
Before Don Tomas Veles Cachupin, Governor and Cap- 
tain-General. 

32 MANUEL MARTIN to Nicolas de Apodaca. June 
7, 1751. At San Francisco Xavier del Pueblo Quemado. 
Rio Arriba county. 

Before Juan Joseph Sandoval, Alcalde. Conveyance of 
land. 

Juan Leon; Felipe Romero. 

33 MARIA DE HERRERA, widow of Captain Antonio 
Martin, to Vicente Apodaca. April 5, 1753. Santa 
Cruz del Ojo Caliente. 

Donation of land. Before Juan Joseph Lobato, Alcalde. 
Antonio Pacheco; Gregorio Sandoval. 

34 JOSE GABRIEL VITTON (BITON) to Tomas de 
Armrjo. December 20, 1758. City of Santa Fe. 

Conveyance of land. Before Francisco Guerrero, Al- 
calde. 

This deed refers to the Rio CJviquito. 

35 MARCIAL GONZALES to Francisco de Analla (An- 
aya). June 4, 1759. City of Santa Fe. 

Conveyance of land. Before Francisco Guerrero, Al- 
calde. 

36 TOWN OF ABIQUIU. 

Order for its re-settlement. November 2, 1770. Made 



28 THE SPANISH ARCHIVES OF NEW MEXICO 

by Don Pedro Fermin de Mendinueta, Governor and Cap- 
tain-General. 

Refers to the re-settlement of Abiquiu by Governor 
Tomas Veles Cachupin. 

37 ROSALIA DE GILTOMEY, widow of Juan Manuel Va- 
rela, to Isabel de Armijo, widow of Antonio de Sena. 
November 21, 1760. City of Santa Fe. 

Conveyance of land. Before Francisco Guerrero, Al- 
calde. 

38 PEDRO ANTONIO BUSTAMANTE Y TAGLE to 
Marcial Angel. July 26, 1762. City of Santa Fe. 

Conveyance of land. Before Manuel Gallego, Alcalde. 

39 MANUEL DE ARMIJO and JUAN DE LEDESMA. 

Entry of a mine about one league south of the Cerrillos 
rancho and called Nuestra Senora de Los Dolores in the 
papers. Before Tomas Veles Cachupin, Governor and 
Captain-General. 

40 JOSEPHA DE LA ASCENCION, widow of Hernando 
Martin. October 29, 1767. 

Claim for lands donated by Mateo Martin in the Pueblo 
Quemado. Before Don Pedro Fermin de Mendinueta, 
Governor and Captain-General. 

41 MARCELA TRUGILLO to Ines de Apodaca. October 
30, 1767. City of Santa Fe. 

Conveyance of land. Before Francisco Guerrero, Alcalde. 

42 JOAQUIN DE ALDERETE. 

Will. April 9, 1767. City of Santa Fe. 

43 JOSE IGNACIO ALARID and GABRIEL QUINT- 
ANA. March 21, 1768. County of Rio Arriba. 

Grant of land. Made by Don Pedro Fermin de Men- 
dinueta, Captain-General. Possession given by Antonio 
Joseph Ortiz, Alcalde. Boundaries: North, Manuel Lu- 
cero; south, Joseph Baca; east and west, the boundaries 
held by the former owner, Geronimo Pacheco. 

44 ANTONIO ARMIJO. May 18, 1769. County of San- 
ta Fe. 

Grant of land. Made by Don Pedro Fermin De Men- 



THE SPANISH AECHIVES OF NEW MEXICO 29 

dinueta, Governor and Captain-General. Four hundred 
varas square. Adjoining the City of Santa Fe. Posses- 
sion given by Felipe Tafoya, Alcalde. 

45 JUANA BENABIDES to Ignacio Alarid. March 23, 
1772. County of Santa Fe. 

Conveyance of land on the Tesuque river. Before Manuel 
Garcia Pareja, Alcalde. 

46 CARNUEL TRACT. 

Petition of persons of Alburquerque to settle upon the 
same. March 24, 1774. Denied. Before Don Pedro Fer- 
min de Mendinueta, Governor and Captain-General, and a 
report made by Francisco Trebol Navarro, Alcalde. 

47 MANUELA BRITO to Tomas Alire. August 28, 1774. 
City of Santa Fe. 

Conveyance of land. Before Manuel Garcia Pareja, Al- 
calde. 

48 GERTRUDIS ARMIJO, wife of MANUEL VIGIL. 
1776. 

Inventory of her effects. Before Don Pedro Fermin de 
Mendinueta, Captain-General and Manuel Vigil, Alcalde. 
County of Taos. 

LAZARO ATENCIO. 

"Will. August 1, 1777. Before Manuel Garcia Pareja, 
Alcalde. 

50 FRANCISCA TRUXILLO to Maria de Guadalupe de 
Archibeque. September 14, 1767. County of Santa Fe. 
Conveyance of land. Before Francisco Guerrero, Alcalde. 

HEIRS OF THE ALAMEDA TRACT vs. PEDRO 
BARELA. 1778. County of Bernalillo. 

Opposition to sale of lands. Before Francisco Trebol 

Navarro, Acting Captain-General. 

52 ANTONIO DE ARMENTA. 

Land grant. 1789. County of Bernalillo. Made by Don 
Fernando de la Concha, Governor and Captain-General. 
Possession given by Antonio Jose Ortiz, Alcalde. Two 
hundred varas. 



30 THE SPANISH ARCHIVES OF NEW MEXICO 

53 INHABITANTS OF THE TOWN OF ALBURQUER- 
QUE vs. ANTONIO DE SILBA. No date. 

Requiring him to give up a land grant which he has in 
his possession. Before Juan Gonzales Baz, Alcalde. 

54 SALVADOR ARMIJO. September 22, 1803. County 
of Santa Fe. 

Inventory and partition of estate. Before Pedro Bau- 
tista Pino, Alcalde. 

55 NEMESIO SALCEDO, Comandante. August 11, 1809. 

Permitting Jose Manuel Aragon to occupy land at La- 
guna. 

This is a letter from Nemesio Salcedo, the commandant 
general at Chihuahua, to the acting governor of New 
Mexico, dated August 11, 1809, stating that there are no 
grounds for granting the petition of Jose Manuel Aragon, 
who had asked that certain lands, belonging to the In- 
dians of Laguna, which he had formerly used, be turned 
over to him; but in view of Aragon 's being the al- 
calde of that district, having a large family, and being in 
need, Salcedo had decided that as long as Aragon should 
continue in the office of alcalde he might have designated 
for his use a piece of land large enough to enable him to 
raise crops needed by his family, but that he could not 
claim title to the land. 

56 JUAN DE AGUILAR. August 17, 1818. 

Question of boundaries with the Pueblo of the Pecos. Be- 
fore Don Pacundo Melgares, Governor. Vicente Villan- 
ueva, Alcalde. 

Pueblo of Pecos; measurements made from the church 
and the location of the latter with respect to the end of 
the pueblo at that time (1818) occupied by the Indians. 

In the same item is a report made to Governor Pedro 
Maria de Allande by Jose Vicente Ortiz, alcalde, in re- 
gard to the property of Francisco Garcia, dated at Sebol- 
letta, June 16, 1818. County of Valencia. 

This is a petition of Juan de Aguilar to the governor 
of New Mexico, complaining that the alcalde of El Vado, 
Don Vincente Villanueva, had made certain measurements 
from the pueblo of Pecos in defiance of the accepted rules 
for such operations, in that he had begun them at the 
edge of the town, instead of at the cross in the cemetery, 
and with a cord one hundred varas in length instead of 






THE SPANISH ARCHIVES OF NEW MEXICO 31 

only fifty, which alleged errors had resulted in extending 
the boundaries of the league of the Indians so as to em- 
brace land belonging to the petitioner, and also lands be- 
longing to other citizens. The petitioner asks the gover- 
nor to decide the two questions raised by him as to the 
correct manner of making the measurements. 

On August 19, 1818, Governor Melgares called upon the 
alcalde to report on the matter, which he did on the same 
day. 

He says that no injury had resulted to anyone from the 
use of the hundred vara cord, because he had dampened 
it and stretched it out by two stakes, to offset what shrink* 
age it may have suffered while it had been coiled ; that he 
had presented it to the petitioner, his son and others, who 
had again stretched it until they broke it ; that with this 
cord he had made the measurement, with which they were 
satisfied; that the statement that other lands than those 
of the petitioner were embraced in the league was false; 
that if he had used a shorter cord it would have been to 
the injury of the Indians, on account of the irregular and 
broken character of the ground ; etc., etc. 

In regard to his beginning at the edge of the pueblo he 
states that he knew it was the custom (but not a fixed rule) 
to begin at the cross in the cemetery ; that the reason for 
this was that in all the pueblos, except Pecos, the church 
was approximately in the center of the pueblo-, that in 
addition to the pueblo of Pecos being long, the church 
was more than a hundred varas distant from one of its 
extremities, which extremity was opposite to the one then 
occupied by the Indians; that he had made two other 
measurements which Were favorable to the citizens; etc. 

No action appears to have been taken on this report 
by the governor. 

57 JOSE ANTONIO ALAEID. 

Will, March 12, 1822. County of Santa Fe. Before 
Josef Salaises, Captain of the military company. 

58 JOSE ANTONIO ALARID. 

Grant, April 29, 1822. County of Santa Fe. Made by 
the Ayuntamiento of Santa Fe. At Galisteo. Possession 
given by Pedro Armendaris, Alcalde. 

59 AGAPITOALBA. April 26, 1823. 

Petition for a piece of land. Forwarded by Jose Ignacio 
Rascon to the Governor of the Province. 



32 THE SPANISH ARCHIVES OF NEW MEXICO 

60 JUAN ANTONIO AEMIJO; MATTIAS DUEAN; 
ANTONIO LUXAN; EAFAEL EOIBAL; JOSE MA- 
EIA EOIBAL ; JOSE MAETINEZ. March 3, 1825. 

Grant. Made by the Territorial Deputation. Hijuelas 
made by Diego Padilla, Alcalde. No hijuela on file in 
favor of Jose Martinez. Land situate on the Pecos river, 
Land granted to the Sacristan, Diego Padilla, mentioned. 

61 TOWN OF ABIQUIU. See Eeported Grant. 

62 PUEBLO OF THE PECOS. 

Report concerning area of lands. By Jose Ramon Alarid. 
August 21, 1826. 

63 JOSE EAMON ALAEID. 

Reports that Gregorio Arteaga, attorney of the half- 
breeds, refuses to go to El Bado to attend to the matter of 
the land called "La Cuesta." Report made to Antonio 
Narbona, Governor, etc. 

64 SEBOLETTA GEANT. 1827. 

Question of partition of lands. Before Pedro Iturrieta, 
Alcalde, and Jose Antonio Chaves y Duran, Secretary of 
the Ayuntamiento. Salvador Ansures for his wife, Leo- 
garda Chaves, through her father, Jose Antonio Chaves. 

65 TOWN OF ABIQUIU. See Eeported Grant. 

66 EAMON ABEEU. 

Registration of a mine. October 29, 1832. Location 
Real de los Dolores. County of Santa Fe. Jose Fran- 
cisco Terrus and Ramon Abreu for themselves and others. 
Registration of a mine. June 5, 1832. Situate in the 
Sierra de San Lazaro, near the Ojo del Oso, county of 
Santa Fe. 

67 JUAN BENAVIDES. 

Question of mines. December 24, 1835. Real de Dolores, 
county of Santa Fe. 

68 ANTONIO AEMIJO, et al. 

Report of Commissioners on their petition for lands in the 
Badito del Arroyo ; report is made to the Territorial Depu- 
tation, December 23, 1835. 



THE SPANISH ARCHIVES OF NEW MEXICO 33 

69 JOSE MANUEL ANGEL ; MANUEL ANGEL ; CAR- 
LOS TORRES; FRANCISCO CRESPIN; JULIAN 
GAYEGOS ; DIEGO ANTONIO CRESPIN ; RAFAEL 
CRESPIN; JOSE PABLO MONTOYA; ANTONIO 
BIGIL. 

Petition for lands at place called "Arco del Arroyo de 
Galisteo." September 23, 1839. No action taken. 

70 JUAN LORENZO ALIRE. 

Grant. October 12, 1844. Situate in "Los Valles de 
Santa Gertrudis de lo de Mora." Made by Tomas Ortiz, 
Judge. 

71 MARIA CONCEPCION ARMIJO. 1844. 

Question of lands, near Los Corrales, Bernalillo county. 

72 JUAN NEPOMUCENO ALARID. 

Will. November 27, 1844. County of Santa Fe. 

73 MARIA CONCEPCION ARMIJO, wife of Nicolas San- 
doval. 1844. 

Question of lands, before Mariano Martinez, Governor, 
and Tomas Ortiz, Alcalde. Los Corrales, Bernalillo 
county. Item No. 71, q. v. With the estate of Juan 
Pino, deceased. 

74 NASARIO MARTINEZ to Josefa Armijo. July 15, 
1844. County of Santa Fe. 

Conveyance of land. Before Tomas Ortiz, Alcalde. 

75 NASARIO AGUILAR. 

Grant. October 8, 1844. Situate in the "voile de Santa 
Gertrudis de Mora." Made by Tomas Ortiz, Judge of 
1st Instance. No. 70 ante, q. v. 

76 FRANCISCO ROMERO DE PEDRAZA to Domingo de 
la Barreda. June 26, 1698. County of Santa Fe. 

Conveyance of lands. Before Diego Arias de Quiros, 
Alcalde. Testimonio. 

77 ANA LUJAN to Diego de Veccia. September, 1701. 
County of Santa Fe. 

Conveyance of lands. Before Joseph Kodriguez, Alcalde. 



34 THE SPANISH ARCHIVES OF NEW MEXICO 

78 CEISTOBAL JARAMILLO and JUAN BARELA 
JARAMILLO. February 26, 1704. 

Question of lands with the Indians of San Felipe, county 
of Bernalillo. Before the Marques de la Nava de 
Brazinas, Governor and Captain-General. Alfonso Rael 
de Aguilar. 

Petition for a grant of lands to Spanish citizens at the 
place called Angostura, the lands at the time (1704) be- 
ing occupied by Indians of the pueblo of San Felipe. The 
attorney for the Indians opposed the making of the grant 
because of their loyalty to the crown during the uprisings 
of 1693 and 1696 and the grant was refused. 

Petition by Cristobal Barela Jaramillo and Juan 
Barela Jaramillo, to the governor of New Mexico, asking 
that they be granted lands at Angostura, on the west 
side of the Rio Grande. Apparently the lands asked for 
were being used by the San Felipe Indians, as the peti- 
tioners ask that the lands belonging to those Indians be 
measured, and state that the Indians have more lands 
than the law allows, and that it is not fair that this 
should be permitted, while the petitioners are without 
lands. 

They say in regard to the boundaries: "The said 
lands are on this side (of the river) and they adjoin the 
lands of Captain Don Fernando on the south side, and 
on the north side by the lands of said Indians, and on 
the east by the Del Norte river, and on the west by the 
tablelands." 

This petition was presented to Governor De Vargas, at 
Bernalillo, on February 26, 1704, and he thereupon or- 
dered that the chief alcaldes, Diego Montoya and Don 
Fernando Duran y Chaves, together with the attorney 
for the Indians, Don Alfonso Rael de Aguilar, should 
inspect the lands in question, and report to him as to 
what might be properly granted to the petitioners. 

On February 29, 1704, the alcalde, Diego Montoya, and 
the attorney for the Indians, Alfonso Rael de Aguilar, 
went to Angostura to examine the lands, and the latter 
made a statement, in favor of the Indians and against 
the petitioners, which is set forth at length in the manu- 
script, and is signed by him. He alleges, among many 
other reasons for not making the grant, that the lands 
had been held by the natives of the pueblo since its 
foundation; that the petitioners had a great deal of live 
stock which would trespass on the Indians' lands; that 



THE SPANISH ARCHIVES OF NEW MEXICO 35 

the petitioners had a grant of lands on the other side of 
the river; that the Indians ought to be treated with con- 
sideration because of the loyalty they had displayed 
during the uprisings of 1693 and 1696, etc., etc. 

This proceeding was not signed by Montoya, because 
of his having suffered a severe injury to his arm, by a 
fall; and it is stated that the alcalde, Don Fernando Du- 
ran y Chaves, did not participate in the proceedings be- 
cause he was not at home. 

No grant appears to have been made to the petitioners. 

It is to be noted that this manuscript indicates that 
the town of Bernalillo was at that time on the west side 
of the Rio Grande. 

79 JOSE FRESQUES and MARIA DE HERRERA, his 
wife, to Simon Baca. November 13, 1716. County of 
Rio Arriba. 

Conveyance of land. Before Juan Garcia de las Rivas, 
Alcalde. 

80 FRANCISCO ALBERTO DE LA MORA to Simona de 
Bejar. November 14, 1716. County of Santa Fe. 

Conveyance of lands. Before Francisco Lorenzo de Cas- 
sados, Alcalde. 

81 VALENTINA DE MONTES DE OCA to the woman 
called La Benavides because she is the widow of Nicolas 
Benavides. June 21, 1723. County of Santa Fe. 

Conveyance of land. Before Francisco Bueno de Bo- 
horques y Corcuera, Alcalde. 

82 ANTONIO BALLEJO. 

Will. June 7, 1727. County of Santa Fe. 

83 DIEGO MANUEL BACA. 

Will. March 23, 1727. County of Santa Fe. 

84 JOSEPH BASQUEZ. 

Grant. March 16, 1727. Made by Don Juan Domingo 
de Bustamante, Governor and Captain-General. An- 
tonio Grusiaga, Secretary of War and Government. 
Grant revoked by Governor Cruzate. Rejected "Lo de 
Basquez ' ' by court of private land claims. 



36 THE SPANISH AECHIVES OF NEW MEXICO 

85 JUAN DE LEON BBITO. 

Grant. Originally made to his father by Don Diego de 
Vargas Zapata Lujan Ponce de Leon. Re-validated by 
Don Juan Domingo de Bustamante, Governor, August 
27, 1738. Testimonio. 

Another grant, made by Don Gaspar Domingo de 
Bustamante, August 20, 1742. Both of these grants are 
apparently small and close to Santa Fe. Antonio de 
Cruciaga; Antonio de Hulibarri; Gregorio Garduno; Jo- 
seph de Terms. The following are given in full, illus- 
trative of forms in use: 

"Town of Santa Fe, August 5th, 1728, before his ex- 
cellency, the governor and captain-general of this king- 
dom of New Mexico, it was presented by the party stated 
therein, to wit, Juan de Leon Brito, Mexican, and settler 
of the ward of Analco, in this town of Santa Fe : I ap- 
pear before your excellency in the best form allowed me 
by law and say that I, having come into this kingdom, 
and a grant having been made to me of certain lands that 
formerly belonged to my father, may he rest in peace, by 
the General Don Diego de Vargas Zapata Lujan Ponce 
Leon, deceased, in the name of his majesty, consisting of 
one sitio of lands, and now I having settled on it, and 
because the said grant papers are not in my possession, 
I ask of your greatness to revalidate to me the said land, 
which lies at the other side [banda] of this town, its 
boundaries being, on the north the acequia from which 
Captain Bargas irrigates, and on the south another ditch 
of the same person, and on the east lands of Pedro Lo- 
pez, on the west the road leading to Pecos; for all of 
which I ask and beg your excellency, with the greatest 
veneration due, to concede to me said grant of said 
lands in the name of the King my master, for myself 
and my wife and my children and heirs, for I swear by 
God our Lord and the Holy Cross that this my state- 
ment is not made in bad faith, and in the necessary, etc. 

"JUAN DE LEON BRITO." 

The "Britos" were Tlascalan Indians. The "Analco" 
district surrounds the old chapel of San Miguel. "An- 
alco" means, "the other side of the river." 

"And it having been seen by his excellency he received 
it as presented, and in view of what the party states his 
excellency said that he ought and did command Sebas- 
tian de Bargas and Pedro Lopez, for the reason that 
these were the nearest neighbors to the lands petitioned 



THE SPANISH AECHIVES OF NEW MEXICO 37 

for by this party that if they should have any right to 
the same they should bring it forward, with such instru- 
ments as they might have, in order to give to each one 
his due, and it not being of any injury to any third 
party representing a better claim that it should be ad- 
judicated for and revalidated to him in the bona fide 
possession that he now enjoys. Thus it was decreed, 
commanded and signed by his excellency D. Juan Do- 
mingo Bustamante before me, the actual secretary of 
government and war, by order of his excellency the gov- 
ernor and captain-general. 

"ANTTO. DE CRUSIAGA [rubric] 
"Secretary of Government and "War. 

"In the said town, on the 17th day of the month of 
August, 1728, by virtue of the command in the above 
provision, Sebastian de Bargas was cited, who, having 
known of the registration of land sought by Juan de 
Leon Brito, he stated that he is not harmed, for the rea- 
son that it lies beyond his own lands, and because the 
ditches referred to form boundary lines only; in view of 
which he has no opposition to offer to the possession and 
ownership sought by the party, and he signed it with 
me, the actual secretary of government and war. 

"SEBASTIAN DE BARGAS 

"Before me: ANTONIO DE CRUCIAGA, 
"Secretary of Government and War. 

' ' Immediately thereafter, Pedro Lopez not being within 
the realm, his wife was cited to appear, and she offered 
the bill of sale made by Don Miguel de Coca to Josepha 
Lopez, daughter of the said Pedro Lopez, and from its 
contents it appears that this party is not harmed by the 
lands asked for by Juan de Leon Brito, for he only cites 
it as a boundary, on which she did not sign, because she 
did not know how. I signed it, to which I certify. 

"At said town, on said month and year, his excellency 
the Governor and Captain-General of this kingdom of 
New Mexico, having seen the citations that preceded, and 
it appearing from them that no harm is occasioned to 
any third party by the grant of lands which Juan de 
Leon Brito asks to be revalidated to him anew, which he 
says were given to him by General Don Diego de Vargas, 
for the reason that he has no title papers, and in view of 
all this his excellency, in the name of his majesty, may 
God preserve him, makes and revalidates to him the 
grant, protecting him as he does in the possession that 



38 THE SPANISH ARCHIVES OF NEW MEXICO 

he has acquired in good faith for himself and which he 
now acquires judicially, so that he may not he dispos- 
sessed of the same without first being proceeded against 
according to law, and in order that he, his heirs and suc- 
cessors, may enjoy the products of the same, and in 
order that he may be able to exchange, sell, and transfer 
as his own property and of his wife, except that he shall 
not convey it to prohibited persons; thus be decreed, 
ordered, and signed before me, the actual secretary of 
government and war. I certify. BUSTAMANTE 

"ANTONIO DE CRUCIAGA 
"Secretary of Government and War. 
"This copy agrees with its original, which remains in 
the archives of this government, from which I made the 
same for the benefit of the party on this day, the 30th 
of August, 1728. It is true and faithful, corrected and 
compared and at its making the witnesses were Juan 
Joseph Moreno and Don Alfonso Rael de Aguilar, they 
being present. I make my customary signature in testi- 
mony of the truth. ANTONIO DE CRUCIAGA [rubric] 
"Secretary of Government and "War." 

SECOND GRANT 

"Santa Fe, August 18th, 1742. Let the alcalde mayor 
report if it is proper for the petitioner in this petition, 
in order to provide what may be convenient. 

"MENDOZA" 

"Juan de Leon Brito, resident of the town of Santa 
Fe, at the feet of the greatness of your excellency, in all 
form allowed to me by law, and which may to me belong, 
I say, sir, that whereas I am loaded with duties to which 
I must necessarily attend, and because I have not land 
sufficient, because that which I have is small, I have seen 
fit to have registered a tract of lands lying at the other 
side (banda) of the river where a Canada is formed, and 
its boundaries are the following : On the east it is bounded 
by the highway (camino real) that leads to Pecos, on 
the west it is bounded by another road that likewise goes 
to Pecos, on the south with lands of Luiz de Armenta, 
and on the north with lands of Captain Manuel Thenorio, 
which lands I ask for in the name of his Majesty, whom 
may God preserve, to be given to me as a grant, I peti- 
tion your excellency with all due submission to concede 
them to me, for I am a poor man, and if they are granted 
to me that royal possession shall be given me, for I will 



THE SPANISH ARCHIVES OF NEW MEXICO 39 

receive grace and profit. I swear in all form that this 
petition is not done in bad faith. 

* ' JUAN DE LEON BRITO ' ' 

' ' Having seen and examined the lands petitioned for by 
this party, I say that it is proper, because he has it 
registered, and they are recognized as lands of the King, 
my Lord, whom may God preserve, whereupon your ex- 
cellency may do what shall be just, which shall be as in 
every case the best, and that it may so appear I signed 
it on June 19th, 1742. 

' ' ANTONIO DE ULIBARRI [rubric] ' ' 

"In the town of Santa Fe, on the 20th of August, 
1742, I, the lieutenant-colonel, governor, and captain-gen- 
eral of this kingdom of New Mexico, Don Gaspar Do- 
mingo de Mendoza, ought to command and did command, 
in view of the report of Captain Antonio de Ulibarri, al- 
calde mayor of said town, to place the petitioner in this 
petition in possession of the land that he asks for, so that 
in the name of his Majesty he may possess and cultivate 
the same ; thus I provided, ordered, and signed with those 
of my attendants with whom I act, as customary on ac- 
count of the actual conditions of this realm. It is valid. 

"DON GASPAR DOMINGO DE MENDOZA [rubric] 
"JOSEPH DE TERRUS 
" JUAN PHE. DE RIVERA" 

1 ' In the town of Santa Fe, on the 20th day of the month 
of August, 1742, I, the captain, Antonio de Ulibarri, al- 
calde mayor of this town, in obedience to the order of his 
excellency, the Colonel Don Gaspar Domingo de Mendoza, 
governor and captain-general of this kingdom, I, the 
said alcalde mayor, went upon the lands that this party 
states, and I took him by the hand and walked with him 
over said lands. He plucked grass, cast stones, shouted, 
saying 'Long live the King, my Lord, Don Phillipe the 
Fifth, whom may God preserve,' the witnesses to the 
royal possession being Tomas de Sena and Cayetano 
Lovato. Thus I acted with the witnesses of my attend- 
ance for the lack of public or royal notary, for there are 
none in this kingdom, upon the actual paper, for there 
is none of the seal in these regions, to which I certify. 
"ANTONIO DE ULIBARRI [rubric] 

"Judge Commissioner. 
"GREGORIO GARDUNO." 



40 THE SPANISH ARCHIVES OF NEW MEXICO 

86 PEDRO GOMEZ DECHAVES to BernabeBaca. March 
26, 1732. County of Bernalillo. 

Conveyance. Before Juan Gonzales Bas. 

87 BENTURA DE LA CANDELARIA to Salvador Barela. 
May 7, 1734. County of Bernalillo. 

Conveyance. Before Geronimo Jaramillo. 

88 CRISTOBAL BACA. 

Will and inventory and partition of his estate. 1739. 
County of Santa Fe. 

89 VALENTINA MONTES DE OCA to Juana de Bena- 
vides. June 9, 1739. County of Santa Fe. 

Conveyance. Before Antonio Montoya. Ante No. 81. 

90 JUANA DE BENAVIDES and TOMASA DE BENA- 
VIDES. June 11, 1739. County of Santa Fe. 

Exchange. Before Antonio Montoya, Alcalde. 

91 JUAN DE BENAVIDES to Tomasa de Benavides. June 
15, 1739. County of Santa Fe. 

Conveyance. Before Antonio Montoya, Alcalde. 

92 BERNABE BACA vs. NICOLAS DE CHAVES. 1704. 

Reported case of Nicolas de Chaves, q. v. 

93 ANTONIO MONTOYA to Juan de Benavides. No- 
vember 23, 1744. County of Santa Fe. 

Conveyance of a piece of land above the Pueblo of San 
Diego de Tesuque. Before Antonio de Ulibarri, Alcalde. 

94 JOSEPHABACA. 

Will and inventory of estate. 1746. County of Berna- 
Ullo. At Pajarito. 

95 MAGDALENA MARTIN, by her executor, Manuel 
Montoya, to Pedro Baptista. April 11, 1751. 

Conveyance of land in the county of Rio Arriba. Before 
Juan Jose" Lobato, Alcalde. 

96 ANTONIO DURAN to Salvador Barela. April 22, 
1752. County of Taos. 

Conveyance. Before Juan Joseph Lobato. The donor 



THE SPANISH ARCHIVES OF NEW MEXICO 41 

was the wife of Juan Antonio Giron and acquired the 
property by inheritance from her mother, Rosa Martin. 

97 SEBASTIAN MARTIN to Salvador Barela. April 
22, 1752. County of Taos. 

Conveyance. Before Juan Jose Lobato, Alcalde. 

98 DIEGO BASQUEZ BORREGO, of Rio Abajo. 

Will and proceedings. Santa Fe, May 5, 1753. Before 
Don Tomas Veles Cachupin, Governor. Tomas de Alvear 
y Collado. 

99 SEBASTIAN MARTIN to Salvador Barela and Fran- 
cisco Barela. October 8, 1753. County of Santa Fe. 
Pueblo Quemado. 

Conveyance. Before Juan Jose Sandoval, Alcalde. 

100 MANUEL MARTIN to Tiburcio Barela. November 
6, 1753. County of Rio Arriba. 

Conveyance. Before Juan Jose Sandoval, Alcalde. 

101 MANUEL BACA. 

Will. May 6, 1755. No residence stated. 

102 EUSEBIO LEYBA to Tomasa de Benavides. June 
9, 1759. County of Santa Fe. 

Conveyance. Before Francisco Guerrero. Manuel Ber- 
nardo Garvisu. 

103 DIEGO BASQUEZ BORREGO. 

Inventory of the estate of. Ante No. 98, q. v. 

104 TOMASA BENAVIDES. 

Inventory of estate of and partition of the same. 

105 ANTONIO BACA vs. INHABITANTS OF RIO PUER- 
CO. 

The original settlers of Rio Puerco were Joaquin de 
Luna, district lieutenant, Joaquin Romero, Maria Ro- 
salia Romero, Pedro Varela, Juan Pedro Sisneros, Diego 
Basques Borrego, Bernardo Ballejo, Jose de Luna, An- 
tonio Lucero, Andres Manzanares, Francisco Lovato, Gas- 
par Gonzales, Jose Romero, Juan Ygnacio Romero, An- 
tonio Martin, Juan Lorenzo Atencio, Antonio Martin, 
Pablo Martin, Matias Salazar, Miguel Romero, Juan 



42 THE SPANISH ARCHIVES OF NEW MEXICO 

Diego Trujillo, Alejandro Espinosa, Mateo Salazar, Sal- 
vador Tmjillo, Pedro Aguilar, Juan Gonzales, Francisco 
Borrego, Jose Miguel Logardo, Francisco Giron, Santiago 
Pais, Antonio Romero, Marcelina Francisco, Tomas 
Antonio Romero, Alonzo Gonzales, and Antonio 
Lucero. At the time that this petition was made the pe- 
titioners stated that there were grazing upon the tract 
about ten thousand head of sheep and cattle. One of the 
reasons for making of this grant was that the settlement 
would serve as a barrier to the Ute and Navajo tribes of 
Indians. The tract is described as follows : On the north 
the Tortugas creek; on the south the southern point of 
the mesa continguous to the Hondo creek; on the east 
the side of the mountain extending from Jemez to the 
Piedra Lumbre, looking toward the Jemez pueblo, and 
on the west the "Arroyo de en Media." 

Captain Antonio Baca was granted a tract of land 
known as Nuestra Seflora de la Luz de los Lagunitas del 
Rio Puerco previous to 1761 ; he was afterward dispos- 
sessed and the property was given to Joaquin Mestas. 
Baca commenced proceedings before Don Manuel Portillo 
Urrisola which were concluded in 1762 by Governor Veles 
Cachupin, who on July 20, 1762, re-granted the land to 
Antonio Baca. The questions involved were referred to 
Don Juan Ygnacio Garcia Villegas, counselor for the 
Royal Audience of Guadalajara, who decided in favor of 
Captain Baca. The grant was first made to Baca by 
Governor Marin del Valle. Baca states in his petition 
that he had always "without pay served his country in 
maintaining continual war with the Apaches, and that 
all provisions and expenses were supplied by himself. ' ' 

106 JUAN TAFOYA and JOSEPH MORENO to Pablo Ba- 
ca. October 2, 1763. County of Santa Fe. 

Conveyance. Before Manuel Gallego, Alcalde. 

107 JUAN JOSEPH DURAN, by his attorney CRISTO- 
BAL DURAN to Joseph Baca. In San Pedro de Cha- 
ma, August 9, 1764. 

Conveyance. Before Manuel Garzia Pare j a, Alcalde. 

108 JOSE MARTIN to JOSE VACA. October 29, 1764. 
County of Rio Arriba. 

Conveyance. Before Manuel Garzia Pareja, Alcalde. 



a 



THE SPANISH ARCHIVES OF NEW MEXICO 43 

109 MARIA DE LA VEGA Y COCA. Santa Fe, May 17, 1764. 

Partition of lands of her estate at the Cienega and 
Canada of Guiqu. Before Francisco Guerrero, Alcalde. 

110 ANTONIO DE BEYTIA of Abiquiu December 30, 
1765. 

"Will. In this item, in the first paragraph, the testator 
says he is a resident of "El Pueblo de San Antonio del 
Biquiu." Later on he says, in dating the instrument, 
" este Pueblo de San Antonio del Guyquiu." In the 
county of Rio Arriba. 

111 GRANTEES OF THE NUESTRA SEtfORA DE LA 
LUZ Y SAN BLAS TRACT vs. THE GRANTEES OF 
THE ATRISCO TRACT. 1759. 

Question of boundary. Before Francisco Antonio Marin 
del Valle, Captain-General; also before Don Tomas Ve- 
lez Cachupin, Captain-General; the last named proceed- 
ings were had in 1766. 

112 PHELIPE TAFOYA and PHELIPE SANDOVAL to 
Joseph Baca. February 3, 1767. 

Conveyance of a rancho called "Pueblo Quemado," about 
a league from the City of Santa Fe. Before Francisco 
Guerrero, Alcalde. 

L13 GRANTEES OF THE BELEN TRACT vs. SALE OP LAND BY 
PEDRO ITURRIETA to Fernando Cbaves. 1767. 

Before Don Pedro Fermin de Mendinueta, Governor. 
Francisco Trebol Navarro; Manuel Garvisu; Manuel 
Zanez; Manuel Garvisu Zanez. 

The petition for the Belen Grant asked for a tract of 
land which in 1740 was uncultivated and unappropriated. 
It is described and "bounded on the east by the Sandia 
Mountains ; on the west by the Rio Puerco ; on the north 
on both sides of the river the boundary is the land of 
Nicolas de Chaves and those of the adjoining settlers of 
Our Lady of the Concepcion tract of Tome, and on the 
south the place called Felipe Romero, in a direct line 
until it intersects the boundary above mentioned, from 
the east to the west." The first settlers were: Diego 
Torres de Salazar; Pedro Bigil; Miguel Salazar; Juana 
Teresa Romero ; Laigarda Romero ; Juan Antonio Salazar ; 
Miguel Salazar; Pablo Salazar; Nicolas Salazar; Manuel 
Antonio Trugillo; Maria Torres; Salvador Torres; Jose 



44 THE SPANISH AECHIVES OF NEW MEXICO 

Antonio Torres; Ladeo Torres; Cayetano Cristobal Tor- 
res; Diego Torres; Barbara Romero; Gabriel Romero; 
Maria Vigil; Jose Trujillo; Francisco Martin; Nicolas 
Martiniano; Ygnacio Barrera; Juan Domingo Torres; 
Jose Romero; Jose Tenorio; Juan Jose de Sandoval; 
Francisco Trujillo; Francisco Hiron; Cristoval Naranjo; 
Jose Antonio Naranjo; Bartholome Torres; Pedro Ro- 
mero. The grant was made by Don Gaspar Domingo 
Mendoza, and possession was given by Don Nicolas de 
Chaves, alcalde mayor of Alburquerque. 

The house of Felipe Romero was a ruin, this hacienda 
having been destroyed in the revolution of 1680. 

114 BALTAZAE BACA. 

Reported Claim No. 104. 

Baltazar Baca was born in New Mexico and was, in 
1769, a resident of the Plaza of Belen. He asked for a 
tract of land about three leagues from the pueblo of 
Laguna, and about a league and a half from the Encinol. 

Being " descended from the conquerors of this pro- 
vince," Governor Mendinueta was induced to grant his 
request and he was placed in possession of the tract 
known as "San Jose del Encinol" by Don Antonio Se- 
dillo, chief alcalde and war-captain of the pueblo of 
Laguna. In the act of possession it appears that there 
was "an outside ranch belonging to an Acoma Indian." 
He had two sons. 

115 DOMINGO DE VENAVIDES. 

Will. May 8, 1770. County of Santa Fe. 

116 MAEINA BACA vs. MIGUEL BACA. October 2, 1771. 

Question of the possession of a house. County of Santa 
Fe. Before Don Pedro Fermin de Mendinueta, Governor. 

117 JOSEPH BACA. 

Will. Pueblo Quemado. Jurisdiction of Santa Fe. March 
2, 1772. 

118 LUGAKDA TAFOYA to Marina de Jesus Baca. Au- 
gust 14, 1773. City of Santa Fe. 

Before Manuel Garcia Pare j a, Alcalde. 

119 FEANCISCO GONZALES to Manuela Brito. July 12, 
1774. City of Santa Fe. 

Before Manuel Garcia Pareja, Alcalde. 



THE SPANISH ARCHIVES OF NEW MEXICO 45 

120 JOSEFA BUSTAMANTE to Jose Antonio Ortiz. Feb- 
ruary 13, 1784. 

Mortgage of rancho at Tesuque. Before Don Juan Bau- 
tista de Anza, Governor. 

121 JUANA MARIA BACA, wife of MIGUEL BACA vs. 
DIEGO BORREGO. January 21, 1789. County of 
Santa Fe. 

Question of lands sold by Borrego in Cuyamungue. Be- 
fore Don Fernando de la Concha, Governor, and Antonio 
Josef Ortiz, Alcalde, and Captain Manuel Delgado. 

122 ISABEL BACA, Pueblo of Isleta, 1792. 

Investigation to determine whether she has any lands by 
inheritance in the Pajarito Tract. Report by Manuel de 
Arteaga, Alcalde, by order of Don Fernando de la Con- 
cha, Governor. 

13 JOSEF MARIA BACA. 

Will. Santa Fe, November 3, 1799. 

124 MARIA BARBARA BACA, widow of Jose Pablo Rael. 

Question of inheritance. Santa Fe. 1800. Jose Pablo 
Eael, deceased, was son of Nicolas Eael and Teodora 
Ortiz, both deceased. Will of Gertrudis Teodora Ortiz, 
Santa Fe, July 9, 1800. Cancelled by Chacon, Governor, 
before whom the proceedings were had. Joseph Miguel 
de la Pena; Jose Campo Kedondo. 

125 TOWN OF SAN MIGUEL DEL BADO. 

Reported Claim No. 119, q. v. 

126 JOSE VARELA vs. EUSEBIO VARELA, bis father. 
1814. 

Protest against sale of lands at Tome. Before Manrique, 
Governor. Bartolome Baca ; Pedro Bautista Pino. 

127 JOSE ANTONIO BUSTOS vs. JOSE IGNACIO MA- 
DRID. 1826. 

Question of a piece of land at Santa Cruz de la Canada. 
Many of the papers in this case appear to be missing. 
Proceedings before Colonel Antonio Narbona, Governor. 



46 THE SPANISH AKCHIVES OF NEW MEXICO 

128 TOMAS BEENAL, ANTONIO EAEL and JULIAN 
BEKNAL, El Paso, June 19, 1820. 

Relating to the boundaries of town grant. Letter to 
Facundo Melgares, Governor. 

129 JESUS BENAVIDES. 

Grant. 1820. 100 varas of land at Galisteo. Don Fa- 
cundo Melgares, Governor. 

130 ESTEVAN BACA. Santa Fe, February 10, 1821. 

Petition for lands for himself and others on the Pecos 
river. No final action taken. Before Don Facundo Mel- 
gares, Governor. 

From this it appears that in 1821 there were only eight or 
ten families of the Pecos pueblo still living. 

131 FEAY MANUEL BELLIJO, of Cochiti, complains of 
the Alcalde, Juan Armrjo, to Don Facundo Melgares, 
June 6, 1821. 

132 LUIS BENAVIDES. 

Will. Santa Fe, March 4, 1822. 

133 JOSE BACA. 

Grant of land at Galisteo. Possession given April 29, 
1822, by Pedro Armendaris, Alcalde. By order of the 
Ayuntamiento of April 8, 1822, in which grants were 
made to nineteen persons. Jose Maria Baca, Secretary 
of the Cabildo. 

134 MANUEL BACA and SANTIAGO ABEEU. 

Petition for lands lying between the pueblos of Santo 
Domingo and San Felipe, February 14, 1824. Referred 
to the Provincial Deputation by the Jefe Politico and 
read on the 16th of the same month. Captain Bartolome 
Baca, Jefe Politico. 

It was presented to the governor of New Mexico on 
February 14, 1824, and on the same day forwarded by 
him to the so-called Provincial Deputation, for the official 
action of that body. Some record of the making of a 
grant may be found in the "Journal, Provincial Deputa- 
tion, 1822, 1824." 



. 



THE SPANISH AECHIVES OF NEW MEXICO 47 

135 RAFAEL BENAVIDES, PEDEO LOBATO, JESUS 
BENAVIDES and JUAN NEPOMUCENO VIGIL and 
JOSE NESTOE AEMIJO. 

Petition for lands on the other side of the Pecos river. 

Granted by the Territorial Deputation, March 3, 1825. 
Book 2 of the Acts of the Deputation, page 44. 

This shows a grant of lands in 1825 to a Mexican citi- 
zen, within the boundaries of the Pecos pueblo. 

136 JOSE FEANCISCO BACA. 

Petition for land on this side of the Pecos river. Re- 
ferred to the Jefe Politico on March 3, 1825, for action 
under Par. 5 of the session of preceding November. See 
page 44, as cited in No. 135 supra. 

137 LUIS MAEIA CABEZA DE BACA. 

Reported Claim No. 20. 

The following is a list of the family of Luis Maria Ca- 
beza de Baca. 

Luis was married the first time with Ana Maria Lopez, 
and their children were: Antonio, Juan Antonio, Rosa, 
Jose Domingo, Guadalupe, Miguel, and Ramon. 

His second wife was Josefa Sanches, and their children 
were : Luis Maria, Prudencio, Mateo, Josefa 1st, and Luz. 

His third wife was Encarnacion Lucero, and their chil- 
dren were: Juana Paula, Jesus Bacalro (Canonero), Juan 
Felipe, Jesus 2nd (Carretero), Josefa 2d, Domingo, 
Manuel, Maria de Jesus, Luisa, and Luz. 

1. Antonio Cabeza de Baca, the first son of Luis Maria 
Baca was married to Francisca Garvisu, and the issue was 
Juan Manuel. 

2. Juan Antonio Cabeza de Baca, the second son of 
Luis Maria, was married with Josefa Gallegos and their 
children were, Jesus Maria, Francisco Tomas, Encarna- 
cion, Cesaria, Domingo, Jose de Jesus, Quiriiio, Josefa, 
Guadalupe, Alta Garcia, Trinidad, Nicolasa, and Tomas D. 

3. Rosa, the third child, was married to Sebastian 
Salaz, and their children were, Francisco, Dolores, and 
Josefa. 

4. Domingo, the fourth child, had no issue; died in 
infancy. 

5. Jose, fifth child, was married to Dolores Gonzales, 
and their children were, Felipa, Antonio, Jesus Maria, 
Maria de Jesus, Francisco, Fernando, and Apolonia. 

6. Guadalupe, sixth child, married Santiago Trujillo, 



48 THE SPANISH AECHIVES OF NEW MEXICO 

and their children were, Antonio, Maria, Andres, Felici- 
ana, Juana, Santiago, and Ana Maria. 

7. Miguel, seventh child, was married to Dolores San- 
ches, and their children were, Quirina, Diego, Rumualdo, 
Guadalupe, Paulina, Juan Pablo, and Martina. 

8. Eamon, eighth child, married with Serafina Salaz, 
and their only child was Ignacio. 

9. Luis Maria, ninth child, married Isabel Lopez, and 
their children were, Trinidad and MigueL Miguel died 
without issue. 

10. Prudencio, tenth child, was married the first time 
with Manuela Armijo, and their children were, Juan, Ig- 
nacio, Julian, and Apolonia. 

His second wife was Josefa Flores, and his children 
were Valentin Escolastico, Gregorio, and Julian. 

11. Mateo, eleventh child, was married to Guadalupe 
Montoya, and their children were, Luis Maria, Alejandro, 
Juan de Dios, and Martin. 

12. Josefa 1st was married to Juan Luis Montoya, and 
their children were, Antonio and Donaciano. 

13. Luz 1st, thirteenth child, had no issue; never was 
married. 

14. Juana Paula, fourteenth child, was married to Jose 
Garcia ; their children were, Juana Maria, Antonio, Fran- 
cisco, Inez, Maria de los Angeles, and Crecencio. 

15. Jesus C. de Baca, 1st (Canonero), fifteenth child, 
was married to Ana Maria Gonzales, and their children 
were, Luis Maria, Guadalupe, Nestor, Francisco, Juliana, 
and Feliciano. 

16. Juan Felipe, sixteenth child, was married to To- 
masa Gonzales, and their children were, Juliana, Fran- 
cisca, Jose, Rumualdo, Sotero, Apolona, Julian, Nazaria, 
Petra, and Leonor. 

17. Jesus 2d, (Carretero), married Rafaela Martinez, 
and their children were, Encarnacion, Jose Esteban, Faus- 
tina, Toribio, Cosme, Julian, and Pedro. 

18. Josefa 2d, married Luis de la 0, and their chil- 
dren were, Ramos, Jose Maria, Zenobia, Nicolasa, Mariano, 
Flavio, Juan de Dios, and Refugio. 

19. Domingo 2d, nineteenth child, was married to 
Rosalia Garcia, and their son was Jose. 

20. Manuel. 

21. Maria de Jesus, 21st child, was married to Fran- 
cisco Martin (called Borreguito) ; had no children. 

22. Luisa. 

23. Luz 2nd, 23rd child, died without issue. 



THE SPANISH AECHIVES OF NEW MEXICO 49 

138 LUIS BENAVIDES. 

Petition for lands on the Pecos river. Santa Fe, March 
8, 1825. No action taken. 

This is a petition for a grant at the pueblo of Pecos. 

139 JOSE FRANCISCO BACA. March 14, 1826. 

Petition for lands on the Pecos river. Reported by the 
Ayuntamiento of San Miguel del Bado, on March 19, 
1826. Teodosio Quintana, Secretary of the Deputation. 
Juan Jose Baca, 2nd Regidor; Jose Ramon Alarid, Al- 
calde Constitutional; Candelaria Flores, 3rd Regidor; 
Santiago Sandoval, 1st Regidor; Jose Miguel Sanches, 
Secretary of the Ayuntamiento. 

140 CRISTOBAL BUSTOS vs. JOAQUIN PINO. 1827. 

Question of lands in the Cebolleta Grant. Before An- 
tonio Narbona, Governor. 

141 JUAN ESTEVAN BACA vs. ALCALDE OF COCHI- 
TI. 1827. 

La Majada Grant. Before Supremo Tribunal de Justicia, 
City of Mexico. Aguilar y Lopez, Secretary. 

The memorandum on the wrapper inclosing this docu- 
ment is entirely misleading. It says the document is a 
land suit by Juan Esteban Baca against the Indians of 
Cochiti. It lias nothing to do with a land suit. It is a 
complaint by Baca against the alcalde of Cochiti, who had 
unjustly imprisoned and otherwise ill-treated him. The 
date is December 14, 1827. It was sent to the supreme 
tribunal of justice at Mexico, and by that court was 
ordered to be transmitted to the jefe politico (governor) 
of New Mexico, to be placed in the hands of a competent 
judge, who was to do justice to the complainant. 

The Majada Grant was confirmed by the court of private 
land claims and surveyed for over 54,000 acres. All 
that portion of the grant to the pueblo of Cochiti which 
lies east of the Rio Grande conflicts with the Majada, 
amounting possibly to 5,000 acres. The southern bound- 
ary of the Majada and the northern boundary of the 
Pueblo of Santo Domingo Grant for a distance of eight 
and one-half miles are coterminous. The grant was pat- 
ented October 26, 1908. 

142 TOMAS BACA, JOSE ANTONIO CASADOS and 
OTHERS. 

Report of Santiago Ulibarri, Judge, as to quality of 



50 THE SPANISH ARCHIVES OF NEW MEXICO 

lands asked for by the persons named. Report is made 
to the Territorial Deputation. 1829. San Miguel del 
Bado. 

143 TOMAS BACA, JOSE ANTONIO CASADOS and 
OTHERS. 

Petition to the Ayuntamiento of San Miguel del Bado 
for lands. Referred, by Santiago Ulibarri, to the Ter- 
ritorial Deputation and also signed by Jose Antonio Ca- 
sados, Secretary of the Ayuntamiento. San Miguel del 
Bado, April 27, 1829. Ante No. 142, q. v. 

144 MARIA MIQUELA BACA. 

Will and inventory. 1831. County of Santa Fe. Juan 
Garcia, Alcalde. 

145 JESUS MARIA ALARID to Jose Francisco Baca. 
May 18, 1831. County of Santa Fe. 

Conveyance of land in the rancho of the Alamo, formerly 
belonging to Diego Montoya. Before Pablo Montoya. 
There are no signatures to this document. 

146 MICAELA BACA. (Maria Micaela Baca.) 

Distribution of estate. 1832. Ante No. 144, q. v. 

147 JUAN MANUEL BACA vs. JUAN ANTONIO ARMI- 
JO. Santa Fe, April 28, 1832. 

Question as to a tract of land. Before Juan Garcia, Al- 
calde. 

148 MARIA DE LOS DOLORES SANDOVAL vs. JUAN 
GARCIA, Alcalde of the City of Santa Fe. 1834. 

In suit of Manuel Bustamante vs. said Sandoval she com- 
plains of being unjustly deprived of her property, etc. 
Appealed to the Suprema Corte de Justicia, City of 
Mexico. Aguilar y Lopez, Clerk of the Supreme Court; 
Manuel de la Barrera, 1st Official; Don Francisco Sarra- 
cino, Governor. 

149 TRINIDAD BARCELO vs. PABLO ORTIZ. Santa 
Fe, April 9, 1837. 

Question as to a tract of land at Pojoaque. Albino Perez, 
Governor; J. M. Alarid, Secretary. 




THE SPANISH ARCHIVES OF NEW MEXICO 51 

.50 FOUR PAGES OF THE JOURNAL OF THE TERRI- 
TORIAL ASSEMBLY in which are recorded the Pro- 
ceedings had in relation to the Beaubien and Miranda 
or Maxwell Grant. 

The Maxwell Land Grant is situated in the northern 
part of New Mexico, in the county of Coif ax ; a portion is 
in the State of Colorado in Las Animas county. After the 
influx of settlers from the East, in the "seventies" and 
"eighties," the title of the grantees was bitterly con- 
tested. 

In August, 1882, the government of the United States 
filed a bill in chancery in the United States circuit court 
in Colorado to cancel the patent which had been issued in 
1879 for this property, embracing 1,714,000 acres. The 
case was litigated during a period of five years and was 
ultimately decided in favor of the company by the su- 
preme court of the United States, which court, in two 
opinions, one on a motion for re-hearing, sustained the 
title of the company to the full extent of area as granted 
by the Mexican government. The government of the 
United States (the interior department and the depart- 
ment of justice) declined to accept the decision of the 
supreme court as final and instituted another suit in 
the courts of New Mexico to cancel the patent which had 
been made to the grantees, claiming that the lands in 
New Mexico, which formed a greater part of this prop- 
erty, were not affected by the decision of the nation's 
highest tribunal. 

The Maxwell Company set up the decision of the su- 
preme court as a defense to this suit; it was heard be- 
fore Reeves, J., then presiding over the first judicial 
district of the Territory of New Mexico, and the plea of 
res adjudicata was sustained and the bill dismissed. An 
appeal was taken by the government to the territorial 
supreme court, where the decision of the lower court was 
affirmed. 

The opinion of the New Mexican supreme court (an 
extract) follows: 

"The United States brought suit in the circuit court 
for the United States for the District of Colorado, to set 
aside, vacate and cancel the patent assailed here. The 
bill in that case is grounded upon allegations of fraud 
committed by the patentees and others holding through 
or under them, by means of which the officers of the 



52 THE SPANISH ARCHIVES OF NEW MEXICO 

plaintiff were deceived into issuing and delivering the 
patent. Fraud in various ways was charged against the 
grantees under the patent, and the patent as an entirety 
was involved in this issue raised, heard and finally de- 
termined in the circuit and supreme courts of the United 
States. 

"It is quite clear that had the United States suc- 
ceeded in that suit, the decree would have affected the 
title to the lands embraced in the patent lying in New 
Mexico. Personal service was had upon the Maxwell 
Land Grant Company in that suit, and an appearance 
entered, and the suit after long delays, finally decided, 
declaring the patent valid for the lands covered by it 
wherever situated. The final judgment in this suit was 
intended to be, and we think was, conclusive upon the 
United States and all persons claiming through or under 
it, whether the lands covered by the patent were located 
in Colorado or New Mexico. 

"The suit was instituted and contested through the 
courts to a final decision in the court of last resort solely, 
or mainly at least, upon the ground that such fraud had 
been committed by the original grantees and those claim- 
ing under them in locating the lands and extending the 
true boundaries thereof in such manner as to deceive the 
officers of the United States, and thereby caused them to 
issue the patent; that a court of equity would annul the 
patent. The court found that there was no fraud proven 
in the case, and that the patent was legal and valid, and 
free from taint of fraud. 

"The issue directly involved in the controversy was 
that of fraud practiced upon the United States through 
its officers. The determination was against the truth of 
the facts alleged, and the United States, like any other 
suitor in a court of justice, is bound by the final judg- 
ment of courts of competent jurisdiction, when it elects 
to litigate any question of fact in the courts. 

"The supreme court of the United States affirmed in 
distinct terms that there was no fraud committed in pro- 
curing the patent to be issued by the patentees, or those 
claiming under them; that the patent was legal and is 
the evidence of the legal ownership of all the lands em- 
braced in it, or covered by it. 

"It directly affirmed the non-existence of fraud, and 
having done so in a proper case, the courts of the country 
will not permit the plaintiff in any other suit, to contro- 



THE SPANISH AECHIVES OF NEW MEXICO 53 

vert this judicially established fact, where the issue is be- 
tween the same parties or their privies. 

I 'The United States having exhausted its powers in a 
fruitless effort to cancel this patent, it becomes the duty 
of the courts and the people to abide the final judgment 
of the highest tribunal to which a controversy can be ap- 
pealed, and to seek redress for meritorious grievances, if 
any exist, at the hands of a just and generous govern- 
ment." 

In the argument of counsel, Frank Springer, Esq., of 
New Mexico, before the supreme court of the United 
States, in the case first brought in the circuit court of 
the United States for the District of Colorado, on the 
part of the Maxwell Company, accurately and learnedly 
discussed the motives which actuated the Mexican gov- 
ernment in the making of these large grants of land. In 
the entire history of jurisprudence in the West no abler 
presentation of law and facts in any case was ever sub- 
mitted by any member of the bar of the supreme court 
of the United States. In his oral argument, extended 
from the notes of the stenographer, Mr. Springer, among 
other things, in conclusion, said: 

II During the course of this discussion, there has been 
frequent mention by counsel for the government of the 
large size of this grant, and their argument has abounded 
in allusions to 'principalities' and 'empires,' as if it were 
supposed that the principles of law are so flexible that 
they may be varied according to the subject matter, and 
that there may be one rule applicable to a small property, 
but another and different one to a great. It is a species 
of argument much affected in cases like this, but it seems 
to me an appeal far more befitting a jury trial than a 
grave discussion before this court. 

"It is but a repetition of the popular clamor for which 
these Mexican grants have proved a fruitful subject, ever 
since the advancing civilization of the country has given 
them some value. Mexico has been denounced for making 
them, and no epithet is found too severe to characterize 
those who venture to claim their ownership. They are 
said to be monopolists, land pirates, and robbers. Even 
the tribunals, which seek by the force of judicial decision 
to keep the plighted faith of the nation by sustaining 
them when valid, are not secure from imputation of some 
improper motive. 

* * It is well enough, in this connection, to remember that 
times change, and people and conditions change with 



54 THE SPANISH ARCHIVES OF NEW MEXICO 

them. Whatever may be our notions now about the pro- 
priety of putting such large bodies of land into private 
ownership, we have no right to forget that these great 
grants upon the frontiers of Mexico were made under 
circumstances and motives of public policy totally dif- 
ferent from those which now prevail. At that day the 
country was of no value to the Mexican people. It was 
not even reduced to possession by them. The greater 
part of it was occupied and over-run by hostile tribes of 
Indians, who were a constant menace to the outlying set- 
tlements. The frontiers of those settlements were con- 
tinually harassed by their inroads. So that with the 
Navajos and Apaches on one side, the Utes on another, 
and the Plains Indians on another, the whole region was 
unsafe for the habitations of civilized men. Besides, it 
bordered on a territory of the United States on the north, 
and of Texas on the east, as to both of whom the Mexican 
people were suspicious and uneasy. 

"It became, therefore, a part of the deliberate policy 
of the Mexican government to encircle these outlying 
provincial settlements with large grants of land, made 
to those adventurous spirits who were willing to lead 
forth colonies, extend the frontiers of civilization, and 
build up barriers against the inroads of their savage en- 
emies, and the encroachments of their enterprising neigh- 
bors across the border. For this purpose, it gave the 
lands without stint, and without regard to quantity. As 
to any value in the land itself, they gave it no sort of 
consideration. A league then signified less than an acre 
now in the fertile and secure valleys of the Ohio or Mis- 
sissippi. Measurements and descriptions were rude and 
carelessly made. It was never contemplated that they 
should be submitted to the tests by which scientific en- 
gineers would define the boundaries of a bonanza mine, 
or survey a lot on Broadway. 

"The grantees of these lands paid for them, not in 
money, but in the service they then gave the state, and 
by the risks they took in maintaining a foothold upon 
them. And the same may be said of the early American 
pioneers who acquired them from their Mexican owners. 
I doubt if any of those who now bawl the loudest about 
the Maxwell Grant would have had either the sagacity 
to secure it as Maxwell did, or the courage to hold it 
through the perils of a quarter of a century of Indian 
warfare. 

"When this portion of its territory came to be ceded 



THE SPANISH AECHIVES OF NEW MEXICO 55 

to the United States, the Mexican government made it 
an express condition that its previous grants of land 
should be acknowledged and protected. It is a fact 
worthy of note, that notwithstanding the desperate con- 
dition of Mexico after the war ; with her armies dispersed ; 
her strongholds in our possession; and our flag flying 
over her capital; when the treaty of peace had been 
formulated, and was ratified by the United States sen- 
ate, with only the general clauses for the protection of 
property rights which are usually quoted in the eighth 
and ninth articles, the Mexican government refused to 
ratify it until they had obtained a solemn guarantee 
from the commissioners of the United States, added in 
the form of a protocol, expressly stipulating that the 
grants of land in the ceded territory made prior to May 
13, 1848, should be acknowledged by the American tri- 
bunals. 

"And I say now, after the labors of the pioneers for 
half a century have made it safe and comfortable to live 
there, it lies not in the mouth of any man coming there 
amid the ease and luxury of a palace car, to say that 
Mexico had no right to make these grants, and the 
grantees no right to own them. The United States, so 
far as it depended upon its legislative and judicial de- 
partments, has never sought to evade the obligations im- 
posed upon it by this treaty. It has desired to ac- 
knowledge and confirm the property rights derived from 
Mexico. Whether great or small, in every case where it 
is evident that the title would have been recognized or 
perfected by the Mexican authorities, it has, as this court 
has said, not sought to discover forfeitures, nor enforce 
rigorous conditions. It has not sought to defeat them 
by a rigid adhesion to strict rules, or the application of 
refined technicalities. It has endeavoured to act as a 
great nation, ready and anxious to perform its treaty 
stipulations, ungrudgingly and liberally, as the law and 
policy of nations enjoin. Its declared purpose, as long 
ago stated by this court, has been to authenticate titles, 
and to afford the solid guaranty to rights which ensue 
from their full acknowledgment by the supreme author- 
ity. 

"To judge from the records of the nisi prius courts in 
many of the western states and territories during the past 
few years, an observer might well suppose that a United 
States patent, instead of being a settlement of title, is 
but the beginning of litigation; that instead of being a 



56 THE SPANISH ARCHIVES OF NEW MEXICO 

record proof of the final action of the government in dis- 
charge of its treaty obligations, as this court has said it 
shall be; instead of being the guaranty of peaceable and 
quiet enjoyment, it is but a delusion and a snare ; a trap 
to catch confiding purchasers; and that its issue, even 
at the end of protracted controversies, is but the signal 
for fresh attack in the name of the government which 
gave it, with all its accompanying train of expense, de- 
lay, vexation, disaster, and ruin. It has become fashion- 
able of late to attack United States patents. And so 
feeble has become the security they afford, and so little 
regard is shown for the sacred character which they were 
supposed to possess, that their holders are called upon to 
defend their validity in ruinous litigation, as often as 
any covetous intruder or restless demagogue can get near 
enough to the law officers of the government, to make 
them hear his loud resounding cry of fraud. 

"Macauley has somewhere given a picture of the 
British public in one of its periodic attacks of morality, 
and I am not sure but it might equally apply to those 
paroxysms of virtue into which a portion of the American 
public occasionally works itself. At such times, the cry 
of fraud becomes epidemic throughout the land, and is 
echoed far and wide. It is taken up by every man who 
covets the possession of his neighbor. It is the cry of 
indolence against activity and energy ; of envy against suc- 
cess; .of the sluggard against the vigilant. It is the cry 
of every man who has slept away his opportunities, 
against those who were shrewd to think and bold to act 
when the time was ripe. It is the cry of every dema- 
gogue, who is looking for some popular wave upon which 
he may ride into public favor. And in the majority of 
such cases, as in the case before us, it is found after all 
to be little less than clamor vox, et praeterea nihil. 

"Furthermore, it is one of the oldest maxims of the 
law that it is for the public good that there be an end of 
suits. If this bill can be maintained, then no title, rest- 
ing on a United States patent, is safe from disturbance, 
whenever its law officers, whether with good judgment or 
bad, whether from motives proper or improper, see fit to 
bring a suit.. Nor can any man, so claiming, ever tell 
when his rights are finally adjudicated. Suppose the 
court should vacate this patent, on account of the errors 
alleged in the location of its boundaries ; the court cannot 
tell us where the true boundaries are upon the ground. 
It cannot send corps of engineers to mark them by ap- 



THE SPANISH ARCHIVES OF NEW MEXICO 57 

propriate monuments in the field. It can not give us 
a new patent. We must go back to the land department 
for that." 

Mr. Justice Miller: "Do you contend, Mr. Springer, 
that this court has not the power to reform this patent? 
Suppose the court should become satisfied that a patent 
has been issued for a certain number of sections of land 
in excess of the quantity authorized by law; could not 
the court by a decree declare that the patent should not 
include them? Or, if the proofs should show that this 
grant was limited to the summit of the Raton mountains 
on the north, and there were no other objection to such 
a decision, could not the court direct a decree to be made 
reforming the patent so that it should only include lands 
within that boundary?" 

Mr. Springer: "Undoubtedly it might do either of the 
things your honor suggests. But the difficulty is it would 
settle nothing. If this grant had been laid off into town- 
ships, and sections, as public lands are, and the patent 
had been for certain of these sub-divisions, among which 
were some improperly included, the patent could be re- 
formed so as to exclude these, and it would remain still 
a definite muniment of title for lands about whose boun- 
daries or location there could be no further controversy. 
But Mexico did not survey or describe her lands in this 
way; when we undertake to locate a grant of land de- 
scribed by natural objects alone, so as to conform to our 
methods, we are compelled to mark the boundaries by 
monuments erected upon the ground, and by reference 
to the courses and distances preserved in the field notes, 
constituting a special survey which bears no relation to 
any other survey, except that it may at some point be 
connected with one of the known base lines or meridians. 
If the court should decree that the patent should be 
limited to such part of the tract which has been so sur- 
veyed as lies south of the summit of the Raton mountains, 
we are left without any definite or authoritative location 
of that line upon the ground. If the Raton summit were 
marked by a Chinese wall, or some other object so con- 
spicuous and universally known that no two persons could 
have different opinions about it, it might thus have that 
degree of certainty on which such a decree could be based. 
But the precise position of that summit is one of the dis- 
puted facts of this case. There is conflicting testimony 
as to how far the Raton mountains extend, and whether 
the northern or the southern edge is the actual summit; 



58 THE SPANISH AECHIVES OF NEW MEXICO 

and this question would arise and have to be litigated 
afresh, every time such a patent was introduced in evi- 
dence. We would have the same old controversy with 
the government as to where the grant ends and the pub- 
lic lands begin. This could only be determined by a 
government survey, locating that line by scientific methods 
as the other lines are located. And when after another 
five years have been consumed in proceedings to that end, 
we succeed in securing another survey and another 
patent, some other attorney-general, having other and 
different theories upon these questions, may bring a bill 
to set aside that patent, on the ground that the land of- 
ficers have been again mistaken. In fact, the relative 
provinces of these two great co-ordinate branches of the 
government would be reduced to this if I may be 
pardoned a homely illustration that the land depart- 
ment drives the stakes, and the courts follow after and 
pull them up. 

"What is to be the end of all this? And what is to 
be the redress of these people whose property is for all 
practical purposes thus confiscated under the guise of 
equitable proceedings? Such a result would be revolting 
to every proper sentiment of public honor. It is un- 
worthy of a great nation like this ; and yet it is a picture 
not overdrawn, but is a legitimate deduction from the 
principles contended for by the government counsel in 
this case. 

"It is a fact well known, both as a matter of public 
history, and from the record of cases that have come be- 
fore this court, that the validity of these Mexican grants 
has been persistently denied by the American settlers 
who went into that country after the tide of emigration 
began to set that way. Squatters overran them in 
swarms, picking out the choicest spots without giving 
themselves the least concern about their titles. I venture 
to say that the inroads of these enterprising bands have 
given the grantees and their successors far more trouble 
than the depredations of the savage tribes with which 
they had originally to contend. They have fought these 
titles in every way, and in every place where contest was 
possible; in court and out; before the land tribunals, and 
the executive departments. Every stage of the proceed- 
ings looking to the final establishment of the title, and 
the location of the boundaries by the United States au- 
thorities, has been marked by controversies of some sort. 
Their opponents have generally found powerful aid from 



THE SPANISH AECHIVES OF NEW MEXICO 59 

the land department, which has always been jealous of 
Mexican grants, and has never lost an opportunity to de- 
feat or curtail them by application of the most strict and 
narrow rules of construction. As a general rule, the his- 
tory of any of these grants has been that of one long 
contest between the owners, seeking recognition of their 
rights, on the one side, and the land officers of the United 
States, aided by trespassing settlers, on the other; in the 
course of which every weak spot in the title has been 
tested by numerous and vigilant adversaries. In the very 
nature of the case there could be no such thing as hasty 
or inadvertant action. 

"In this case, forty years have elapsed since the Ter- 
ritory passed under the dominion of the United States; 
and more than a quarter of a century has been consumed 
in controversies and proceedings such as I have described. 
It would seem obvious, according to the plainest dictates 
of public policy, and in furtherance of that repose of titles 
which the peace and order of society demand, that when, 
after such protracted controversies, action is had by the 
government purporting to be final, it should be so in fact ; 
and that not only the claimants, but also the public, 
should have the right to rely upon it as such. There 
ought to be some time, in the history of a title, when it 
will be safe to deal with it. There ought to be some time, 
during the life of a generation, in which a title, for the 
due acknowledgement of which the sacred honor of the 
nation is pledged, shall become settled, so far as the ac- 
tion of the government is concerned. 

"There are some considerations higher than the merits 
or the equities of any particular case. There are some 
obligations which the government owes to itself and the 
public, which are of far greater importance than the 
possession of a few thousand, or a few hundred thousand 
acres of land. The faith and credit which are due to its 
public acts ought not to be lightly impugned. And when 
so solemn an instrument as a patent, signed by the high- 
est officer of the nation, bearing upon its face the great 
seal of the United States, is duly and regularly given out 
as the evidence of title, and the acknowledgement by the 
supreme authority of the right of private property en- 
titled to recognition by its treaties, it ought to be as 
sacred, and as safe from attack, from any quarter, high 
or low, as the flag under which we live. The impeach- 
ment of the good name of the government, the destruc- 
tion of confidence in the titles which it gives, and the 



60 THE SPANISH ARCHIVES OF NEW MEXICO 

disturbance of public credit and business which follows 
in their train, are public calamities, in comparison with 
which the interests involved in this suit, were they all 
that are claimed^ pale into insignificance. 

"Unfortunately it is not in the power of this court, or 
of any other tribunal, to afford my client any redress for 
the wrong it has suffered by the bringing of this most un- 
founded suit. The expenses of litigation, the coloniza- 
tion of its lands with fresh swarms of squatters, and the 
ruin of its business for a long period of years, all these 
must be borne in silence. But if it shall in the end result 
in an effectual declaration by this court, of the principles 
which shall hereafter guide the officials of the United 
States as to the hundreds of other titles in the territory 
from which I come, then it will not have been entirely 
in vain. ' ' 

Relative to the first cultivation of any of the lands 
upon the Maxwell Grant, the testimony of General Kit 
Carson has been preserved, who in 1857, giving testimony 
before the surveyor-general of New Mexico, said: "I 
have known the property since 1845. I passed there in 
1844 with Lucien B. Maxwell and saw large fields of corn, 
beans, pumpkins, and a great deal of land cultivated, and 
several houses built on the Big Cimarron. I went there 
myself with Richard Owens in 1845 ; we built houses and 
I had fifteen acres under cultivation. I left in August of 
the same year for California. Lucien B. Maxwell settled 
on the Rayado, in 1849, and has been there up to this 
time : there are about 200 acres under cultivation, $15,000 
in buildings, and about 15,000 head of stock on the grant. 
Maxwell is the son-in-law of Carlos Beaubien and he holds 
the land under the right of Beaubien/' 

The members of the Departmental Assembly at the 
time this grant was made were Felipe Sena, Antonio 
Sena, and Donaciano Vigil was the acting secretary. Don 
Juan Andres Archuleta was the prefect. He, under or- 
ders from the Department Assembly and the governor, 
placed the grantees, Beaubien and Miranda, in possession 
on the 18th of April, 1844. The place called Rayado was 
settled just one year after the American occupation of 
New Mexico. 

The charges which were made against Beaubien by Fr. 
Antonio Jose Martinez were declared to be false by the 
Departmental Assembly, as appears from a report to 
Governor Armijo, as follows: 



THE SPANISH ARCHIVES OF NEW MEXICO 61 

"MOST EXCELLENT SIR: In session today of this most 
excellent assembly, in consideration of your excellency 's 
decree, has resolved upon the following opinion: 

"This most excellent assembly being informed of the 
petition of Mr. Carlos Beaubien, in which he states for 
himself and in the name of his associate, Miranda, that 
in consequence of an order issued by the most excellent 
Governor Don Mariano Chavez, the free use and benefit 
of their possession was forbidden them, and that this 
was done on account of a petition made by the priest 
Martinez and the chiefs of the Pueblo of Taos, falsely 
stating that this land was granted to Don Carlos Bent 
and other foreigners, the aforesaid statement of the priest, 
Martinez and associates being untrue, this assembly be- 
lieving that the order of suspension having been based 
upon that false statement, and in view of the documents 
which accredit the legitimate possession of Miranda and 
Beaubien, and their desires that their colony shall in- 
crease in prosperity and industry, for which purpose he 
has presented a long list of persons to whom they have 
offered land for cultivation, and who shall enjoy the same 
rights as the owners of the land; that the government 
having dictated the step for the sole purpose of ascer- 
taining the truth ; that the truth having been ascertained, 
and the right of the party established, is of the opinion 
that the aforesaid superior decree be declared null and 
void, and that Miranda and Beaubien be protected in 
their property, as having been asked for and obtained 
according to law. This is our opinion; but your excel- 
lency may determine what you may deem most proper. 

"FELIPE SENA 

"AGUSTIN DURAN 

"ANTONIO SENA 

"DONACIANO VIGIL, Secretary" 

It is interesting and worthy of preservation that some 
of the greatest lawyers in the United States passed upon 
the title to this great estate. The concluding paragraph 
of an opinion delivered by one of America's greatest 
jurists is as follows: 

"The one unanswerable, conclusive reply to all the ob- 
jections raised, and to all that could be raised (unless 
indeed, Congress had been deceived by the fraud of the 
petitioners into the confirmation, which no one suggests) 
is that the United States are sovereign ; that they owned 
the title to the tract in question, if the antecedent grant 



62 THE SPANISH ARCHIVES OF NEW MEXICO 

was void ; that they had the undisputed, exclusive power 
to grant or withhold; to concede, with or without limita- 
tions, and that they have chosen to confirm without limi- 
tation; that, to the expression of their will, their own 
officers owe implicit obedience, and are without power to 
question or evade what is expressed by the law to be 
their duty. If it be necessary to quote authority in sup- 
port of the proposition that the act of the sovereign, un- 
like the deed of an individual, can confirm and make 
valid a void grant or conveyance, the case of Wilkinson 
v. Leland, 2 Peters, 627, is directly to the point. 

"I can find nothing in this case, under any aspect in 
which it can be viewed, to justify the land officers of the 
United States in refusing to survey this grant as con- 
firmed by congress. With all the respect which I en- 
tertain for their opinions, I cannot doubt that they are 
(without the least intention of doing so) inflicting a 
grievous injustice on the purchasers by refusing to sur- 
vey the grant unless restricted in the manner they pro- 
pose. J. P. BENJAMIN 

"Temple, 18th January, 1871." 

In addition to the foregoing opinion others of like tenor 
were given by Thomas F. Bayard, William M. Evarts, 
Noah Davis, George T. Curtis, and George H. Williams. 

151 SANTIAGO BONE and OTHERS. 

Reported Claim No. 35 q. v. 

152 FEANCISCO BACA Y OETIZ and SANTIAGO 
ABEEU to Maria Gertrudis Barcelo. August 6, 1844. 
County of Santa Fe. 

Conveyance. Before Tomas Ortiz, Alcalde. 

153 CAELOS BEAUBIEN. 

Petition in the name of the settlers of the Ponil. Santa 
Fe, June 8, 1844. No action taken. 

On January 8, 1841, Charles Hipolyte Trotier-Beaubien 
and Guadalupe Miranda filed a petition with the gov- 
ernor of New Mexico, Manuel Armijo, asking for a grant 
of land in that portion of New Mexico now embraced 
within the limits of Colfax county and a part of Las 
Animas county, Colorado. The petition requested a tract 
of land " commencing below the junction of the Rayado 
and Red rivers, from thence in a direct line to the east to 
the first hills, from thence following the course of Red 



THE SPANISH ARCHIVES OF NEW MEXICO 63 

river in a northerly direction of Una de Gato with Red 
river; from whence following along said hills to the east 
of the Una Gato river to the summit of the table- 
land (mesa), from whence turning northwest, following 
said summit to the summit of the mountain which sep- 
arates the waters of the rivers which run towards the 
east from those which run to the west, from thence fol- 
lowing the summit of said mountain in a southerly direc- 
tion to the first hill east of the Eayado river ; from thence 
following along the brow of said hill to the place of 
beginning. ' * 

On January llth, the governor, in conformity with law, 
made the grant as requested. On February 22, 1843, 
possession was given by Cornelio Vigil, a justice of the 
peace of Taos. The following year Mariano Chavez, act- 
ing governor, suspended the grant, basing his action upon 
a complaint filed by the Rev. Antonio Jose Martinez, 
joined by the principales and chiefs of the pueblo of Taos 
who complained that the land in question, known as the 
"rincon del Rio Colorado" had previously been granted 
to the Indians by Carlos Bent, afterward appointed gov- 
ernor by General Kearny and killed in the revolution of 
January 19, 1847; they also charged that neither Beau- 
bien nor Miranda were citizens of Mexico, but were 
foreigners. 

Manuel Armijo having been again appointed governor, 
on the 18th of April, 1844, referred the matter to the De- 
partmental Assembly, which body reversed the action of 
Governor Chavez and approved the grant to Beaubien 
and Miranda. 

Guadalupe Miranda had been collector of customs for 
General Armijo. Carlos Beaubien was a very prom- 
inent man, and on September 22, 1846, when New 
Mexico's first officials were named by General S. W. 
Kearny, was appointed justice of the supreme court by 
that army officer. 

The petition filed by the grantees is as follows: 

"MOST EXCELLENT SIR: The undersigned, Mexican 
citizens and residents of this place, in the most approved 
manner required by law, state: That of all the depart- 
ments of the Republic, with the exception of the Cali- 
fornias, New Mexico is one of the most backward in in- 
telligence, industry, and manufactures, etc., and surely 
few others present the natural advantages to be found 
therein, not only on account of its abundance of water, 



64 THE SPANISH ARCHIVES OF NEW MEXICO 

forests, wood, and useful timber, but also on account of 
the fertility of the soil, containing within its bosom rich 
and precious metals, which up to this time are useless for 
the want of enterprising men who will convert to the ad- 
vantage of other men all of which productions of nature 
are susceptible of being used for the benefit of society 
within the department, as well as in the entire Republic, 
if they were in the hands of individuals who would work 
and improve them. An old and true adage says that 
'what is the business of all is the business of none;' 
therefore while the fertile lands in New Mexico, where, 
without contradiction, nature has proven herself more 
generous, are not reduced to private property, where it 
will be improved, it will be of no benefit to the depart- 
ment, which abounds in idle people, who, for the want of 
occupations, are a burden to the industrious portions of 
society, which with their labor they could contribute to 
its welfare and honestly comply with their obligations. 

" Idleness, the mother of vice, is the cause of the in- 
crease of crimes which are daily being committed, not- 
withstanding the severity of the laws and their rigid ex- 
ecution. The towns are overrun with thieves and mur- 
derers, who, by this means alone, procure their subsist- 
ence. We think it a difficult task to reform the present 
generation, accustomed to idleness and hardened vice. 
But the rising one, receiving new impressions, will easily 
be guided by the principles of purer morality. The wel- 
fare of a nation consists in the possession of lands which 
produce all the necessaries of life without requiring those 
of other nations, and it cannot be denied that New Mexico 
possesses this great advantage, and only requires indus- 
trious hands to make it a happy residence. This is the 
age of progress and the march of intellect, and they are 
so rapid that we may expect, at a day not far distant, 
that they will reach even us. 

' ' Under the above conviction we both request Your Ex- 
cellency to be pleased to grant us a tract of land for the 
purpose of improving it, without injury to any third 
person, and the raising of sugar beets, which we believe 
will grow well and produce an abundant crop, and in 
time to establish manufactories of cotton and wool and 
raising stock of every description. [Description as 
worded in first part of note.] 

"For the reasons above expressed, and being the heads 
of large families, we humbly pray Your Excellency to 
take our joint petition under consideration, and be 







^ica,cU^xaa 



COAT OF ARMS OF GENERAL DE VARGAS 



THE SPANISH ARCHIVES OF NEW MEXICO 65 

pleased to grant us the land petitioned for, by doing 
which we will both receive grace and justice. 

"We swear it is not done in malice; we protest good 
faith, and whatever may be necessary, etc. 

' ' GUADALUPE MIRANDA 
"CARLOS BEAUBIEN 

"Santa Fe, January 8, 1841." 

Beaubien purchased the interest of Miranda, and in 
1846 removed from Taos to the Cimarroncito, where he 
found Lucien B. Maxwell residing. Beaubien died in 
1864. His daughter, Luz Beaubien, became the wife of 
Maxwell, who meanwhile had purchased the interests of 
all the heirs of his father-in-law. Maxwell, in turn, sold 
the property to an English syndicate, through the agency 
of Wilson Waddingham, D. H. Moffat, and J. B. Chaffee. 
Maxwell died at Fort Sumner, New Mexico, in compara- 
tive poverty, July 25, 1875. 

Beaubien was a native of Canada and was descended 
from a long line of noble ancestors. The first represen- 
tative of the name in Canada was Jules Trotier, born 
in 1590, at St. Malod'lye au Perche, France, who mar- 
ried Catherine Loyseau. His son, Antoine, Sieur des 
Ruisseaux, married Catherine Lefebone, by whom he had 
a son, Michael, Sieur de Beaubien, the first of the family 
to bear that name. He married Agnes Godfrey de Line- 
tot, and after her death he married Therese Mouet de 
Moras. Louis Trotier, Sieur de Beaubien, son of the sec- 
ond marriage, married Marie Louise Robida Manseaux. 
They had a son, Paul Trotier, Sieur de Beaubien, who, 
October 3, 1795, married Louise Charlotte Adelaide 
Durocher, daughter of J. B. Durocher and Mar- 
guerite Boucher-Denoix. Charles Hipolyte Trotier, 
Sieur de Beaubien, was the first child of this marriage. 
He came to the United States, using the name of Beau- 
bien, and arrived in New Mexico in 1823, along with a 
number of other French- Canadians. He settled in Taos, 
where he married Paula Lobato, the daughter of a prom- 
inent Mexican citizen. Of this marriage there were born : 
Narcisco, killed in the revolution of 1847; Luz, the wife 
of L. B. Maxwell; Leonar, the wife of V. Trujillo; 
Juanita, who married L. D. J. Clouthier; Teodora, the 
wife of Frederick Muller ; Petrita, who married Jesus Gil 
Abreu ; and Pablo, who married Rebecca Abreu. 



68 THE SPANISH AECHIVES OF NEW MEXICO 

168 JUAN DE LA MORA PINEDA to Juan Ruiz Cordero. 
Santa Fe, April 22, 1716. 

Conveyance. Before Juan Garzia de la Riva. House 
and land. 

169 DIEGO ARIAS DE QUIROS. 

In the matter of a reservoir he was constructing in the 
City of Santa Fe, at the Cienega. This item, a testimonio, 
covers sixteen pages and contains much of historical in- 
terest. 

Further proceedings were had in the same matter in 
the following year, as appears from a document attached 
to the foregoing. Phelix Martinez, Governor and Cap- 
tain-General ; Miguel Thenorio de Alva, Secretary of War 
and Government; Diego Arias de Quiros, Alcalde. 

170 JUANA MARTIN, wife of Phelipe de Aratia to Cristo- 
val Crespin. Santa Fe, October 28, 1718. 

Conveyance. Before Don Francisco Joseph Bueno de 
Bohorques y Corcuera, Alcalde. 

171 CRISTOVAL CRISPIN to Miguel Duran. Santa Fe, 
October 25, 1718. 

Conveyance. Before Don Francisco Joseph Bueno de 
Bohorques y Corcuera, Alcalde. 

172 PEDRO LUCERO, CRISTOVAL GARCIA and VEN- 
TURA DE LA CANDELARIA. 

Question in regard to the sale of lands at Alburquerque, 
before Alonzo Bael de Aguilar, Teniente General of New 
Mexico. Alburquerque, April 3, 1722. 

173 HERMENEJILDO SISNEROS, PHELIPE NERI 
SISNEROS and JUANA SISNEROS vs. JOSEF 
LUJAN and SEBASTIAN MARTIN. 1727. 

Question as to sale of lands in Rio Arriba. Before Juan 
Domingo de Bustamante, Governor and Captain-General. 
This grant was originally made to ANTONIO SISNEROS, 
father of the complainants. 

174 INHABITANTS OF SANTA CRUZ vs. JUAN, AN- 
TONIO and CRISTOVAL TAFOYA. 

Relative to pastures for stock; 1727. Before Juan Do- 
mingo de Bustamante, Governor and Captain-General. 



THE SPANISH ARCHIVES OF NEW MEXICO 69 

Petition by certain citizens in regard to pasture lands 
in the Canada de Santa Clara, which they had formerly 
used, but the use of which shortly before had been de- 
nied them by Juan de Tafoya, Antonio de Tafoya, and 
their father, Cristobal de Tafoya, who claimed that they 
had been granted the land for the use of their own herds. 

This petition was presented to Governor Bustamante 
on December 9, 1727, and he ordered the chief alcalde of 
Santa Cruz de la Canada to have the Tafoyas appear 
within three days after notification, and present their 
title or grant for examination. 

Antonio appeared before the alcalde and stated that 
his brother was sick, and his father was at Jemez, but that 
he (Antonio) would go to Santa Fe to see the governor. 
It appears that on his failing to do this within the period 
fixed, the governor ordered the alcalde to send him in to 
Santa Fe. This was done, and the governor put him in 
the guardhouse under arrest, and subsequently ordered 
him to make reply within three days to the charges made 
by the citizens in their petition. 

Tafoya asked that the petition be delivered to him in 
order that he might be able to answer the charges; and 
stated that he would also explain why he had failed to 
appear before the governor when first ordered so to do. 

Here the proceedings abruptly end. It seems likely 
that these Tafoyas were the same persons who subse- 
quently had disputes with the Indians of Santa Clara in 
regard to the same lands. These disputes were settled 
by Governor Tomas Velez in the year 1763, in favor of the 
Indians. 

175 LEONOR MONTAftO and MARIA ANTONIA DE 
CHAVES to Antonio de Chaves. Santa Fe, Septem- 
ber 9, 1729. 

Conveyance of a tract of land in Atrisco. Before Don 
Diego Arias de Quiros, Alcalde. 

176 ANTE No. 175, q. v. 

177 PEDRO CHAVES. 

Inventory of the estate and partition of the same by Don 
Juan Paez Hurtado, Governor and Captain-General. 1736. 

178 NICOLAS DE CHAVES. 

This document is marked "Escrituras de Dn. Nicolas de 
Chaves, en ocho fojas." 



70 THE SPANISH ARCHIVES OF NEW MEXICO 

JUANA DE SEDILLO, wife of Francisco Garcia to An- 
tonio de Sedillo. Alburquerque, January 9, 1734. 

Conveyance of land. Before Geronimo Jaramillo, Al- 
calde. 

DIEGO PADILLA to Diego Borrego. Alburquerque, 
January 7, 1734. 

Donation of land. Before Juan Gonzales Bas. 

ANTONIO SEDILLO, son of Joaquin Sedillo, to Diego 
Borrego. Alburquerque, January 11, 1734. 

Conveyance of a tract of land below the pueblo of Isleta. 
Boundaries, north, the league of the pueblo of Isleta ; 
south, a twin alamo called "Alamo de Culebra" ; east, 
the Rio Grande-, west, the Puerco ridge. In the con- 
veyance it is set forth that this tract was granted to the 
father of the grantor by the crown. Before Juan Gon- 
zales Bas. 

This grant was made to the petitioner, Don Antonio 
Sedillo, in the year 1769, whose petition stated "that at 
the time when this kingdom was governed by his excel- 
lency, Don Francisco Marin del Valle, I and other neigh- 
bors of mine presented a petition asking a grant of lands 
called 'Los Quelites,' which was granted and given to us, 
and which we inhabited for four years, and it is now 
nearly three years since the same was abandoned on ac- 
count of the great risk and the small forces we had for 
such a frontier. I therefore appeal to the Catholic zeal of 
your excellency, and humbly kneel down before your roy- 
al patronage, asking that your excellency concede to me 
a tract of land, which at the end of the aforementioned 
land grant I have registered, and which is called 'La 
Canada de Los Apaches,' Its boundary on the east is a 
hill called Cerro Colorado, which is the boundary of those 
of Atrisco; on the west the point of a table-land, which 
runs in said direction and which comes out of the said 
Canada ; on the north the grant of the settlers of the Rio 
Puerco ; on the south the boundary of Mateo Pino. This 
I expect from the Christian zeal of your excellency, and 
if at any time the said place should become settled, I 
shall put no obstacle to their enjoying it, if they do not 
prejudice me in the possession of my part, which I so 
numbly ask for, and which I claim on account of having 
no land of my own whereby to maintain my large family, 
and because I am a poor man, and have been for over 




THE SPANISH AECHIVES OF NEW MEXICO 71 

twenty years in the royal service, as a private soldier, 
corporal, sergeant, and on various occasions as a com- 
manding judge and at present the chief alcalde of the 
pueblos of Acoma, Laguna and Zuiii, for all of which I 
pray your excellency, etc. . ANTONIO SEDILLO" 

The grant was made by Governor Mendinueta and 
possession given by Don Carlos Jose Perez de Mirabal, 
in the presence of Captain Baltazar Baca and Manuel 
Torres, and the settlers of Atrisco and Rio Puerco, in- 
cluding Manuel Vaca, Jose Chaves, and Lieutenant Juan 
Bautista Montafio, and some "Navajo Apaches." The 
Joaquin Sedillo Grant was confirmed by the court of 
private land claims and surveyed for more than 22,600 
acres. 

The survey was of two tracts, of which No. 1 is claimed 
by the heirs of Francisco Javier Chaves, and this conflicts 
with the Lo de Padilla Grant. 

Tract No. 2 is claimed by the Isleta Indians. It was 
patented November 15, 1909. 

179 MAEIA GONZALES to Juan Carrillo. Santa Fe, 
April 12, 1738. 

Conveyance of lands. Before Antonio Montoya, Alcalde. 

L80 GKEGOBIO CRESPIN. 

Grant by Don Gaspar Domingo de Mendoza, Governor 
and Captain-General, Santa Fe, August 8, 1742. Boun- 
daries : North, the lands of Captain Sebastian de Vargas ; 
south, the road of El Alamo; east, the lands of Captain 
Juan Garcia ; west, the lands of Juan Phelipe Rodriguez. 
Possession given by Don Antonio de Hulibarri, Alcalde. 
To his excellency the governor and captain-general : I, 
Gregorio Crespin, inhabitant of the town of Santa Fe, 
placed at the feet of the greatness of your excellency in 
the best form that there may be allowed to me and say: 
That because I am loaded with obligations and that I do 
not have a piece of land for ploughing to discharge my 
said obligations I have known of a piece of land which is 
sitting on the other side of the river which are surplus 
lands of Captain Juan Garcia de las Rivas, and its boun- 
daries are the following: On the east they adjoin with 
the lands of the said Captain Juan Garcia, on the west 
with lands of Juan Phelipe Rodriguez, on the north of 
Captain Sebastian de Vargas, and on the south with the 
alamo road (camino del alamo], which lands I ask the 



72 THE SPANISH AECHIVES OF NEW MEXICO 

greatness of your excellency to give to me as a grant in 
the name of his majesty (whom may God preserve) and 
if you will grant them to me that royal possession be 
given to me, for I will receive grace, and I swear in due 
form that this petition is not done in bad faith, etc. 

GREGORIO CRESPIN [rubric] 

ORDER 

In the town of Santa Fe, on the 8th day of the month 
of August, 1742, I, the Lieutenant-Colonel Don Gaspar 
Domingo de Mendosa, governor and captain-general of this 
kingdom of New Mexico, in view of the present petition I 
should and did command the alcalde mayor of this town, 
Antonio de Ulibarri, to go upon the tract of lands 
asked for by the petitioner and after examining them to 
give him in the name of his majesty (God preserve him) 
the grant he asks for himself, his children, and successors 
by better right, observing at its delivery the circumstances 
and necessary requirements such as are accustomed, and 
especially the one that no harm shall result to third party ; 
thus I provided and ordered and signed with witnesses of 
my attendance for the lack of public or royal notary, 
there being none, and upon the present paper, there being 
none of the seal in said kingdom, to which I certify, etc. 
DON GASPAR DOMINGO MENDOSA [rubric] 

JOSEPH DE TERRUS 

JOSEPH TRUXILLO 

In the town of Santa Fe, on the 8th day of the month 
of August, 1742, I, the Captain Antonio de Ullibari, al- 
calde mayor and war captain of this town, before me ap- 
peared Gregorio Crespin, inhabitant of the said town, and 
showed me a grant of land made to him by the Lieutenant- 
Colonel Don Gaspar Domingo de Mendosa, and having 
seen it, I, the said alcalde mayor, went upon the lands 
stated in this grant, and being upon them and having ex- 
amined them I took the said Gregorio Crespin by the hand 
and led him over the ground. He plucked grass, cast 
stones, shouted, saying : ' * Long live the King of Spain, my 
lord Don Phillip the fifth" (whom may God preserve) fix- 
ing for him the boundaries, which are : On the east with 
lands of Captain Miguel Garcia de las Rivas, on the west 
reaching up to the lands of Phelipe Pacheco, on the north 
the highway for wagons that goes from this town to the 
alamo (camino real de los carros que sale de esta villa 
para el alamo) on the south side an ancient ditch which 
forms the boundary of Juan Arguello; and at said act 



THE SPANISH ARCHIVES OF NEW MEXICO 73 

of possession were present Phelipe Tafoya, Juan Antonio 
de Apodaca, Juan Arguello, Juan Antonio de Archuleta, 
whom I asked if they knew or have noticed whether any 
one had a right to these lands, and all answered that 
they did not know or have notice that any other person 
had a right to the same, but they had always believed it 
to belong to Captain Juan Garzia de las Rivas ; thus they 
stated before me the said alcalde mayor, acting as judge 
commissioner; for the lack of public or royal notary for 
there are none in this kingdom ; upon the present kind of 
paper, for there is none of the seal in these regions, to 
which I certify. ANTONIO DE ULIBABBI [rubric] 

Witt. : 

PHELIPE TAFOLLA; JUAN MANUEL CHIBINOS. 

181 JUANA BACA to Joaquin Codallos y Eabal, Governor 
and Captain-General. 

A house and lot. Santa Fe, June 10, 1746. The gov- 
ernor bought this property in order to destroy it as it 
obstructed the approach to the new church. 

This archive contains certified copies of two deeds, made 
in 1714, which describe lands situate "En la Calle El. q 
ba de la plaza a la Tglesia nueba q se esta fabricando-," 
translated On the main street which goes from the plaza 
to the new church which is being built. This shows that 
the church which De Vargas built at the time of the re- 
conquest, or the church which stood in Santa Fe before 
1680, mentioned in archives No. 8 and No. 169, and which 
was destroyed by the Indians in 1680, was on the plaza. 

182 ANTONIO SISNEROS. 

Only four pages and there is no date and no signature as 
well. 

183 ANTONIO CASADOS and LUIS QUINTANA. In- 

dios Gemzaros vs. . . Barrera, Diego de Torres, and 
Antonio Salazar. 

Matters relative to lands at Belen, county of Valencia. 

This item consists of testimonios of the original papers 

which were sent to the C6nde de Fuenclara, Viceroy of 

New Spain. 1746. 

Some Indians claimed that lands at Belen were the 

property of an Indian pueblo and that the Spaniards were 

intruding upon them. 



74 THE SPANISH AECHIVES OF NEW MEXICO 

184 NICOLAS DE CHAVES. Compromise with Bernabe 
Baca. 

Reported Claim No. 155, q. v. 

185 JUANATILLA, a half-breed woman. 1747. 

Inventory and partition of her estate. Pueblo of San 
Buenaventura de Cochiti. Before Don Joaquin Codallos 
y Eabal, Governor and Captain-General. 

186 PAETIDO DE CHAMA. 

Decree of Captain-General Tomas Yelez Cachupin pro- 
hibiting the abandonment of said Partido. Santa Fe, 
August 1, 1749. 

This is a decree prohibiting the abandonment of the 
Chama district. 

187 JUAN EOMEEO to Joseph Cordova. San Francisco 
Xavier del Pueblo Quemado, January 12, 1750. 

Conveyance of land. Before Juan Joseph Sandoval, Al- 
calde. 

188 PEDEO COEDOBA to Lazaro Cordoba. Pueblo Que- 
mado, February 12, 1750. 

Conveyance of land. Before Juan Joseph Sandoval, Al- 
calde. 

189 LAZAEO DE COEDOBA to Antonio de Cordoba, Pues- 
to de Nuestra Senora de la Soledad del Rio Arriba. En 
la Villa Nueva de Santa Cruz. September 1, 1750. 

Conveyance of lands. Before Juan Joseph Lobato, Al- 
calde. 

190 MANUELA DE VEYTIA to Salvador Casillas. Santa 
Fe, March 2, 1751. 

Conveyance of house and lot. Before Joseph Bustamante 
y Tagle, Alcalde. 

191 ANA MAEIA DE COEDOVA. 

Will. Pojoaque, March 16, 1753. Before Hilario Ar- 
chuleta, Alcalde. 

192 JOSEPH EODEIGUEZ to Tomas Casillas. Santa Fe, 
May 8, 1753. 

Conveyance of land. Before Nicolas Ortiz, Alcalde. 






THE SPANISH ARCHIVES OF NEW MEXICO 75 

] 93 JUANA GALVANA, a half-breed of Zia. 

Inventory and partition of her estate. Before Antonio 
Baca, Alcalde, 1753. 

3.94 SEBASTIAN DE VARGAS to Gregorio Crespin. San- 
ta Fe, November 7, 1755. 

Before Francisco Guerrero. Lands. 400 by 58 varas in 
area. 

195 MARCIAL MARTIN, Executor of Sebastian Martin, 
deceased, to Francisco Chacon. Santa Cruz de la Can- 
ada, December 14, 1763. 

Before Manuel Garcia Pare j a, Alcalde. 

196 QUITERIA CHAVES. Petition sobre el repartimien- 
to de unas tierras a sus Jiijos naturales en defecto de no 

Ptenerlos legitimos. Alburquerque, 1764. 
Lands situate in Atrisco. Before Don Tomas Velez Ca- 
chupin, Governor and Captain-General. 

197 MARIA CHAVES, widow of Sebastian Martin. 

Will. Puesto de Nuestra Senora de la Soledad, county of 
Rio Arriba, May 2, 1765. Before Manuel Garcia Pareja, 
Alcalde. 

198 PETRONA DE CARDENAS. 

Will. Santa Cruz de la Canada. February 15, 1767. 
Before Manuel Garcia Pareja, Alcalde. 

199 ANTONIO and PEDRO CHAVES. 

Grant. Reported Claim No. 99. 

200 IGNACIO CHAVES, et al. 

Reported Claim No. 96. 

201 NICOLAS DE CHAVES. 

Reported Claim No. 155. 

This grant was made in 1768, January 20, to Ignacio, 
Tomas, Miguel, and Antonio Chaves, all residents of the 
valley of Atrisco, whose ' ' fathers and grand-fathers were 
the conquerors of this province" and who were anxious 
"to follow in their foot-steps" according to the wording 
of the petition. They also had in mind treating the Nava- 
jos and Apaches "with love and Christian sincerity, en- 
deavouring to attract them to a love of our Holy Faith" 



76 THE SPANISH AECHIVES OF NEW MEXICO 

and all of whom were to be present when possession was 
ordered given. The grant was made by Governor Men- 
dinueta and possession was given by Captain Bartolome 
Fernandez, who names with the Chaves Don Domingo de 
Luna as a grantee, who had applied for the property 
along with the others. 

202 INHABITANTS OF CAENUEL. 

Reported Claim No. 150. 

203 CARBISAL. 

Testimonio of proceedings relating to the re-settlement of 
the same. Manuel Antonio San Juan, Sargento Mayor y 
Capitan Justicia Mayor, El Paso del Rio del Norte. 

The re-settlement of Carrizal; probably in the present 
State of Chihuahua, Mexico. 

204 FEANCISCO ANTONIO CHAVES and BAETO- 
LOME MONTOYA, for themselves and 12 others of 
Atrisco vs. DIEGO ANTONIO CHAVES. Atrisco, 
1786. 

Question of entrances, exits, etc. Before Don Juan Bau- 
tista de Anza, Governor and Captain-General. Manuel 
de Arteaga, Alcalde. 

205 CEBOLLETA GEANT. 

Reported Claim No. 46, q. v. 

206 CEBOLLETA GEANT. 

Reported Claim No. 46, q. v. 

207 CEBOLLETA GEANT. 

Reported Claim No. 46, q. v. 

This was confirmed March 3, 1869, and was surveyed 
in 1876. Its entire southern boundary is coterminous 
with the northern boundary of the Paguate Purchase, 
which is the property of the pueblo of Laguna. The 
grant was patented in 1882. The question of the cor- 
rect location of the Gavilan table-land has been a matter 
of dispute for years. 

208 TEEESA COETES. 

Question in regard to the possession of lands at Abiquiu. 
Before Alberto Mainez, Governor, in the year 1808, and 
apparently continued until 1824. 



THE SPANISH AECHIVES OF NEW MEXICO 77 

The expediente contains forty-six fojas and is incom- 
plete. 

On page 1 of leaf 2 is a reference to the pueblo of 
Abiquiu having been founded in 1754, by Governor Veles 
Cachupin. 

209 JOSE ANTONIO CHAVES for himself and in the 
name of the heirs of ESTEVAN and BERNARDO PA- 
DILLA, all of San Andres de las Padillas. 

Title as to lands. Before Don Jose Manrique, Governor, 
1809. Lorenzo Gutierrez, Alcalde. 

210 CANON DEL JEMEZ. 

Complaint of settlers vs. Bias Lopez. November 6, 1809. 
Before Don Jose Manrique, Governor. No action taken. 

211 JOSE AGUSTIN DE LA PENA, and in the name of DO- 

kMINGO CHAVES, LUIS PADILLA and FRANCIS- 
CO PADILLA and of the HEIRS of CLEMENTE 
GUTIERRES vs. URSULA CHAVES. 

Question as to lands, 1809. Before Don Jose Manrique, 
Governor. 

212 BUENAVENTURA CHAVES. 

Question of lands in the Los Lunas Tract. 1810. Before 
Don Jose Manrique, Governor. 

Los Lunas; there are matters of some historical sig- 
nificance in this item. 

213 ANTONIO CANJUEBE ; half-breed of the Pueblo of 
Santa Clara. 1744 to 1817. 

Petition in regard to a piece of land near the pueblo of 
Santa Clara. Before Don Joaquin Codallos y Rabal, Gov- 
ernor. Francisco de Roa y Carrillo; Phelipe Jacobo de 
Nuanes; Santiago de Roybal, Vicar and Ecclesiastical 
Judge; Antonio Duran de Armijo, Notary; Pedro Maria 
de Allande, Governor; Bernardo Bonavia, Commandante 
General, Durango. 

This document is interesting rather than important. It 
relates to a dispute between the pueblo of Santa Clara 
and certain Indians of that pueblo, in regard to a strip 
of land within the boundaries of the grant. These In- 
dians claimed that the land in dispute had been acquired 
by their grandfather, Roque Canjuebe, in exchange for 



78 THE SPANISH AECHIVES OF NEW MEXICO 

other land nearer the pueblo ; that this occurred in 1744, 
when their grandfather by permission of the Spanish gov- 
ernment severed his tribal relations and became a Spanish 
citizen. 

The dispute about the land arose in 1815, when the 
pueblo of Santa Clara objected to the Indians who 
claimed to be Spanish citizens remaining within the 
boundaries of the grant, and occupying lands there. 

Governor Alberto Maynez decided in favor of the pueblo, 
and some of the Indians who claimed to be Spanish citi- 
zens and to have a right to the land in dispute, not only 
because it had belonged to their grandfather, but also be- 
cause they had occupied it long enough to acquire title 
by prescription, made as many as three trips clear to 
Durango and back, to lay the matter before the command- 
ant general. It was finally settled by their surrendering 
the land to the pueblo, and being permitted to take up 
their residence wherever they saw fit. 

The arguments advanced by the litigants in support of 
their several contentions are quite interesting. 

The pueblo of Santa Clara is referred to as "El Pueblo 
de Santa Clara de los Caballeros." 

214 TOWN OF CEVILLETA. 
Reported Claim No. 95. 

Don Juan de Onate gave the name to the pueblo. He 
found it a small place and called it "New Seville." It 
was a Piro pueblo. Onate also mentions a pueblo sixteen 
miles north which would be about where Sabinal of today 
is located ; there is an old ruin there, which was inhabited 
in Onate 's time. 

The pueblo of Sevilleta was destroyed in wars with 
other tribes, according to Fr. Benavides, Memorial, p. 16. 
In the year 1626, it was re-settled and a church dedicated 
to San Luis Obispo, was built. This was the headquarters 
of a mission and was the most northerly at that time of 
the Piro settlements. In 1680, at the time of the driving 
out of the Spaniards, this was a very small place, and the 
inhabitants accompanied the Spaniards to El Paso. Ve- 
tancurt, Cronica, p. 310, says of the place: "Y le habitan 
tres familias, hoy estd asolado." Alonzo de Garcia 
Autos presentados en Disculpa, folio 45, says: "Y habi- 
endome llegado al Pueblo de Sevilleta donde halle a los 
naturales de dicho pueblo quiet os y pacificos al paracer, 
pues dejaron su pueblo, y me fueron siguiendo hasta el 
del Socorro, que unos, y otros con de nacion Piros." 



THE SPANISH ARCHIVES OF NEW MEXICO 79 

These Piros were not invited by the northern pueblos to 
participate in the uprising; see Interrogatories de varios 
Indios, 1681, folio 125: "Que cogio un mecate de palmilla, 
y marando en el unos nudos, que significaban los dias que 
faltaban, para la egecucion de la tracion, lo despacho por 
todos los pueblos hasta el de la Isleta sin que quedase en 
todo el reyno, mas que el de la nacion de los Piros." 

The Sevilleta Land Grant was made in 1819, with an 
area of 224,770 acres ; the claim was approved by the sur- 
veyor-general in 1874. It was confirmed to Felipe Peralta 
et al. by the court of private land claims, the area being 
261,187.90 acres. 

215 MARIA DE LA LUZ CANDELARIA. San Jose de las 
Huertas, 1820. 

Complaint against Francisco Miera in the matter of a 
tract of land at San Francisco, jurisdiction of Las Huer- 
tas. Before Don Facundo Melgares, Governor. 

RANCHO DE CUBERO. Three loose papers relating to 
a rancho situate between the pueblos of San Felipe and 
Santo Domingo. Santiago Fernandez and Jose Alexandro 
Quintana, claimants. Before Don Facundo Melgares, Gov- 
ernor. 

216 URSULA CHAVES, of Las Padillas, vs. JOAQUIN 
PINO. 

Question of a rancho by the name of "El Rito." 1821. 
Before Don Facundo Melgares, Governor. 

217 IDEM, q. v. 

218 ANTONIO CHAVEZ, of Belen. 

Petition for lands, 1825. The place called "Arroyo de 
San Lorenzo." Boundaries: North, the Mesita del Ala- 
millo; south, Rancho de Pablo Garcia; east, El Rio del 
Norte- } west, el ojo de la Jara. Before the Territorial 
Deputation. On March 3, 1825, this petition was granted 
by the deputation. 

These papers contain a reference to the Socorro Grant, 
q. v. 

219 INHABITANTS OF LA CANADA. 

Permission given them to settle on lands near the pueblo 
of Picuries, by the Territorial Deputation. May 2, 1829. 



80 THE SPANISH ARCHIVES OF NEW MEXICO 

220 SAMUEL CHAMBERS, a naturalized citizen. 

Petition to the Territorial Deputation asking permission 
to settle on the Rio del Ponil. Refused. November 10, 
1830. 

221 JOSE and RAMON TORRES. 

Question of lands with the Cura, Vincente Chaves. Sa- 
binal, November 9, 1831. Letter to Jose Antonio Chaves, 
Jefe Politico. The lands are at the place called "Basque 
Redondo." 

222 ANA MARIA DEL CASTILLO vs. MIGUEL SENA. 
Santa Fe, May 20, 1834. 

Claims a house and lot in the City of Santa Fe. 

223 IGNACIO, FRANCISCO, JOAQUIN, JOSE and JOSE 
DE LA CRUZ CHAVES and MIGUEL ARCHULETA 
and NICANOR IDALGO. 

Petition for lands at Galisteo. January 29, 1842. Before 
Colonel J. Andres Archuleta, Prefect. Granted. 

224 GRANT within the limits of the present State of Colo- 
rado. 

225 JUAN DE JESUS CORDOBA and JOSE MANUEL 
TRUJILLO of San Pedro de Chamita. 

A question as to water rights, 1843. 

226 JOSE FRANCISCO BARELA to Juan Coquindo. 
Voiles de Santa Gertrudis de lo de Mora. October 7, 
1844. 

Validation of a conveyance of land. Before Tomas Ortiz, 
Alcalde. 

227 LUIS CARBONO. Grant. Voile de Santa Gertrudis 
de lo de Mora, October 10, 1844. 

The tract is situate at the place known as "La Cueva de 
los Pescadores." By order of the Prefect of the First 
District, Colonel Juan Andres Archuleta, dated January 
3, 1844. Before Captain Tomas Ortiz, Alcalde. 

228 LA CIENEGA. City of Santa Fe. Years 1826 to 
1845. 

Seven papers relating to this tract of land. 






THE SPANISH ARCHIVES OF NEW MEXICO 81 

129 TOWN OF CHAPERITO. 

File No. 7, office of Surveyor-General, q. v. 

130 MANUEL VAC A to Fernando Duran y Chaves. Ber- 
nalillo, May 5, 1701. 

Donation of a piece of land " que es la cantidad que al- 
canzare un ttiro de piedra con la mano." 

Before Joseph Rodriguez, Alcalde. Testimonio certi- 
fied to by Joseph Eodriguez. 

The original grant to the lands at Bernalillo, after the 
re-conquest was made by General De Vargas, to Felipe 
Gutierrez; it had previously been granted to Gutierrez 
by Governor Cubero, December 3, 1701. The original 
petition applied for a tract of land situate on "this side 
of the Rio del Norte, in front of the house of Captain 
Diego Montoya, which is called the Ancon del Tejedor 
(Weavers' Bend), containing a league and a half in 

I area." De Vargas re-validated the grant in 1704, and 
royal possession was not given until 1708 by Martin 
Hurtado, alcalde and war-captain. In 1742 Don Gaspar 
Domingo de Mendoza required Antonio Ulibarri, chief al- 
calde of Alburquerque, to ascertain and report to him 
whether this tract had been occupied or abandoned, as 
a grant of the same had lately been made to the Captain 
Luis Garcia. Don Tomas C. de Baca testifying in this 
case, declares that at the time of the making of the grant 
the Rio Grande was to the east of the property. 

231 JOSEPHA DOMINGUEZ, widow of Matias Martin. 
Santa Fe, 1710. 

Presents will of her deceased husband. Before Captain 
Phelix Martinez, Governor, and Captain Juan Paez Hur- 
tado, Visitador General. This is a partition proceeding. 

232 BENITO DOMINGUEZ. Grant. Santa Fe, 1715. 

Before Don Juan Ignacio Flores Mogollon, Governor. 
Tract situate near the City of Santa Fe. 

233 DIMAS XIRON DE TEGEDA, husband of Ana Maria 
Dominguez. 

Claims dower from Jose Dominguez. 1716. Santa Fe. 

234 CARLOS LOPEZ to Antonia Duran, widow of Pascual 
Trujillo. Santa Fe, October 15, 1716. 

Conveyance of land in Pojoaque. Before Juan Garsia 
de la Riva. 



82 THE SPANISH ARCHIVES OF NEW MEXICO 

235 JUANA DOMINGUEZ. Santa Fe. 

Will. January 12, 1717. Before Salvador Montoya, Al- 
calde. 

236 EOSA DURAN DE AMIJO vs. ANTONIO DE URRI- 
BARRI. 1732. 

Claims to be heir to estate of his deceased wife, Maria de 
Chaves. City of Santa Fe. 

Before Don Gervasio Cruzat y Gongora, Governor and 
Captain General. Juan Antonio de Unanues. 

JUAN BACA. Part of inventory of estate. Bernalillo, 
1727. Antonio de Gruciaga, Secretary of Government 
and of War. 

237 JOSEPH DURAN. Grant. Santa Fe, August 18, 
1743. 

Before Don Gaspar Domingo de Mendoza, Governor. Pos- 
session given by Antonio de Hulibarri, Alcalde. Land on 
the other side of the river in the City of Santa Fe. 

238 LEONOR DOMINGUEZ, widow of Cristoval Xara- 
millo, to Nicolas Duran. Alburquerque, December 11, 
1734. 

Conveyance of land before Juan Gonzales Bas. 

PEDRO LUZERO to Nicolas Duran. Alburquerque, Au- 
gust 10, 1735. 

Conveyance of land. Before Juan Gonzales Bas, "las 
quotes tubo por erencia de su difunto padre, Nicolas Lu- 
cero, quien las poseo por mersed que de ellas y otras mas 
se le yso en nombre de su Magd. como a originario fun- 
dador de esta villa." No. 1040 q. v. 

239 ANTONIO DOMINGUEZ. Grant. Santa Fe, August 
14, 1742. 

A piece of land on the other side of the river (meaning 
the Rio Santa Fe.} 

Before Don Gaspar Domingo de Mendoza, Governor. 

240 ANTONIO DURAN DE ARMIJO. 

Inventory of the estate and other papers. San Geronimo 
de Taos, 1748. 

Maria Gertrudis Duran de Armijo, daughter of the 
above and Barbara Montoya, sole legatee. 

Barbara Montoya. Will. Dated San Geronimo de 






THE SPANISH ARCHIVES OF NEW MEXICO 83 



Taos, January 18, 1745. 
calde. 



Before Francisco Guerrero, Al- 



CRISTOBAL DE LA SERNA. Grant. 

A rancho in the valley of Taos formerly held by Fer- 
nando de Chaves. Boundaries: "por una parte el camino 
de en medio, y por la otra el Ojo Caliente y por el oriente 
una mono j era antigua, y por la otra, la sierra. 9 ' Serna 
first asked for this grant in 1710 and it was made by the 
Marquis de la Penuela. In 1715 it was re-validated by 
Mogollon, governor, and possession was given by Juan de 
la Mora Pineda, alcalde. On November 24, 1724, the 
grant was presented by Diego Romero to General Juan 
Paez Hurtado, governor and visitador general, and by 
him approved. The paper in this item is a testimonio, 
made in 1743, by Francisco Guerrero, alcalde, and is 
witnessed by Juan Domingo Paez Hurtado and Joseph de 
Terrus. It appears that the approval above mentioned 
was intended to vest the title to the grant in the said 
Diego Romero, as will be seen by the proceedings had be- 
fore the alcalde, Francisco Guerrero, in May, 1743. The 
words used in the approval by the captain-general are 
"Diego Romero vesino de dicho pueblo presento esta 
mersed que vista y reconosida por mi la doi por bastante 
titulo en forma por visitador." 

ANDRES and FRANCISCO ROMERO, ANTONIO DE 
ATTENCIO and ANTONIO DURAN DE ARMIJO. 

Petition for partition of the grant now called "Rancho 
del Rio de las Trampas." The partition was made on 
May 5, 1743, by Francisco Guerrero, Alcalde. 

DIEGO ROMERO. 

Petition to register a brand, 1714, 1715. Before Miguel 
Thenorio de Alba and Juan Paez Hurtado, Governor and 
Captain-General. Miguel Enriquez, Secretary of Gov- 
ernment and War. 

. 

JUAN (A) and SEBASTIAN (A) de la Serna to Diego 
Romero. Villa Nueva de Santa Cruz, August 5, 1724. 
Conveyance of the above grant. Before Cristoval Tor- 
res, Alcalde. 

ANTONIO ATTIENSA and MARIA ROMERO, Ms 



84 THE SPANISH AECHIVES OF NEW MEXICO 

wife, to Antonio Duran de Armijo. San Geronimo de 

Taos, October 29, 1726. 

Conveyance of house and 405 varas of land in the val- 
ley of Taos. Before Francisco Guerrero, Alcalde. 

BAEBAEA MONTOYA, Intestate, widow of Diego Eo- 
mero and afterwards married to Antonio Duran de 
Armijo. 

Proceedings in the settlement of her estate. Before 
Francisco Guerrero, Alcalde. Testimonio, May 18, 1748. 
( Original. ) 

Further proceedings were had in this matter before 
Juan Antonio Ordenal, Juez y Visitador, in the year 1749. 
Don Joaquin Codallos y Rabal, Governor; Antonio 
Martin, Alcalde; Phelipe Jacobo de Unanues; Juan Gar- 
sia de Mora; Gregorio de Garduno; Miguel Thenorio de 
Alva; Cristobal Torres, Alcalde; Antonio Duran de Ar- 
mijo; Thomas de Alvear y Collado. 

241 JUAN TEUXILLO and TOMAS DE TAPIA to Juan 
Duran. Pueblo of Pojoaque, April 19, 1751. 

Conveyance of house and land. Before Juan Joseph Lo- 
vato, Procurator General. Conveyance of 146 varas of 
land. 

242 DOMINGO BENAVIDES to Antonio Dominguez. 
Santa Fe, October 24, 1751. 

Conveyance of house and land. Before Jose de Busta- 
mante Tagle, Alcalde. 

243 CHATALINA DUEANA, widow of Bartolome Gar- 
duno, intestate, Santa Fe, May 23, 1752. 

Inventory of her estate. Before Jose de Bustamante 
Tagle, Alcalde. 

244 MANUELA BEITO to Antonio Dominguez. Santa 
Fe, July 10, 1764. 

Conveyance of house and land. Before Francisco Guer- 
rero, Alcalde. 

245 MAEIA DE AECHIBEQUE, widow of Francisco Jo- 



THE SPANISH ARCHIVES OF NEW MEXICO 85 

seph de Casados, and Joseph Sanches to Salvador Du- 

ran. Santa Fe, November 15, 1764. 

Conveyance bf a rancho on the other side of the river 
(Santa Fe). Before Francisco Guerrero, Alcalde. 

:6 MANUEL DURAN DE ARMIJO of Alburquerque. 

Will, inventory, and partition of his estate. 1764. Be- 
fore Baltazar Griego, Alcalde. It seems that this man 
was also known as Manuel Armijo, Segundo. 

7 JUAN JOSEPH DURAN vs. ANTONIA DE MEDINA, 
widow of Batolome Truxillo. Santa Fe, 1767. 

Claims the interest of his wife in the estate of said 
Truxillo. Before Don Tomas Velez Cachupin, Governor 
and Captain-General. 

BARTOLOME TRUXILLO. Resident of Chama. 
May 16, 1764. 

Will. Executed before Joseph Esquibel, Alcalde. 

TERESA ERRERA (HERRERA), resident of San 

Joseph de Chama. 

Will. Executed before Francisco Sanches, Alcalde, Sep- 
tember 16, 1759. 

BARTOLOME TRUJILLO. 1752. 

Part of testimonio of grant to a rancho at Santa Rosa de 
Abiquni. Before Don Tomas Velez Cachupin, Governor. 
Possession given by Juan Joseph Lobato, Alcalde. Testi- 
monio certified to by the Governor, Don Tomas Velez 
Cachupin. 

BARTOLOME TRUJILLO. 

Testimonio of petition to Captain-General Don Tomas 
Velez Cachupin, for re-validation of grant to a tract of 
land at Abiquiu which petition was granted October 7, 
1752. Testimonio dated November 7, 1766. 

ANTONIO FELIZ VALDES LA VANDERA. Aboga- 
do en las Reales Audiencias, Chihuahua. 

Decision, January 27, 1767. Antonio de Beitia, Alcalde ; 
Juan Joseph Lovato, Alcalde; Phelipe Tafoya, Procura- 
dor de la Villa de Santa F&-, Francisco Antonio Zis- 



86 THE SPANISH AECHIVES OF NEW MEXICO 

neros ; Juan Domingo Lobato ; Geronimo Esquibel ; Carlos 
Fernandes; Domingo Labadia; Joseph Esquibel, Alcalde; 
Manuel Garzia Pare j a, Alcalde; Francisco Guerrero, Al- 
calde; Juan Bautista Vigil; Joseph Maldonado; Julian 
de Armijo; Antonio de Armenia; Mattheo de Pefiare- 
donda. 

248 GEETEUDES EODEIGUEZ to Salvador Duran. 
Santa Fe, May 8, 1768. 

Conveyance of land. Before Don Phelipe Tafoya, Al- 
calde. 

249 NICOLAS APODACA to Juan Jose Duran. Santa Fe, 
April 20, 1776. 

Conveyance of land in grant at Pojoaque. Before Manuel 
Garsia Pareja, Alcalde. 

250 JOSE DUEAN Y CHAVES. Intestate. San Carlos 
de Alameda. 1783. 

Inventory and partition of estate. Before Nerio Antonio 
Montoya, Alcalde. Don Juan Bautista de Anza, Gov- 
ernor ; Francisco Perez Serrano ; Vincente Troncoso ; Jose 
Marcelo (also written Marzelo) Gallego; Jacinto Gu- 
tierres. 

251 MAEIA DOMINGA vs. JUAN LAUREANO. Natives 
of the Pueblo of Sandia. 

Inheritance. 1792. Before Cleto Miera y Pacheco, Al- 
calde. 

JOSE JOAQUIN DE LISARRARAS Y GAMBOA. 

Of the Real Audienda de Guadalajara. Official letter 
relating to a murder case. 

252 MANUEL DELGADO. Intestate. 

Inventory and partition of his estate. Santa Fe, 1815. 
Before Alberto Mainez, Governor. Juan Rafael Ortiz; 
Marcos Delgado; Jose Francisco Baca; Fernando Del- 
gado; Manuel Delgado; Antonio Ortiz; Ignacio Elias 
Gonzales. 

253 AYUNTAMIENTO of the Pueblo of San Lorenzo del 
Real de Dolores. February 18, 1823. 

Letter to the Provincial Deputation, asking information 
in regard to area of lands. 



THE SPANISH ARCHIVES OF NEW MEXICO 87 

254 AGUSTIN DURAN, FRANCISCO BACA Y ORTIZ 
and FRANCISCO BACA Y PINO. 

Petition for lands. 1826. Papers incomplete. Teodosio 
Quintana, Secretary of the Territorial Deputation; Jose 
Francisco Baca, Alcalde ; Antonio Narbona, Jef e Politico. 

15 AGUSTIN DURAN and OTHERS. 

Petition for lands between the pueblos of Santo Domingo 
and San Felipe. 1831. Before the Territorial Deputa- 
tion. No final action taken. Abreu, Secretary. 
Juan Antonio Cabeza de Baca, First \ 

Regidor f Ayuntamiento 

Jose de Jesus Sanches, Second Regidor V of 

Angel Maria Antonio Gonzales, Third \ Santa Fe. 

Regidor / 

Jose Martinez \ 

Ramon Aragon, First Regidor / . . 

Antonio Jose Lusero, Second Regidorf Ayuntamiento 
Jose Manuel Padilla, Fourth Regidor/ ,. 

Diego Montoya, Procurador Sindico \ 
Antonio Saenz, Secretary / 

Petition by Agustin Duran and others, for lands 
lying between the pueblos of Santo Domingo and San 
Felipe. 

It was presented to the Territorial Deputation of New 
Mexico on April 14, 1831, and by that body was ordered 
to be reported upon by the constitutional town councils of 
Cochiti and Sandia. 

The town council of the former place reported that 
there was no objection to making the grant, notwithstand- 
ing the fact that the pueblos of Santo Domingo and San 
Felipe had a "Document" for the lands, dated in the 
year "sixty" (evidently 1760). They say that the In- 
dians had sufficient lands within their pueblo grants, and 
had not cultivated the lands for which the petitioners 
were asking. 

The town council of Sandia reported, that in view of 
the fact that the Indians had a very old "document" by 
which the land had been granted to them, it could not 
see how they could be dispossessed, and moreover it stated 
that the Indians had cultivated some portions of the 
land. 

There is no evidence either in this archive or elsewhere 
which shows that any grant was made to the petitioners. 

The document referred to by the town councils of Co- 



88 THE SPANISH AECHIVES OF NEW MEXICO 

chiti and Sandia was probably the grant of 1770, made 
by Governor Pedro Fermin de Mendinueta to the pueblos 
of Santo Domingo and San Felipe. This grant was filed 
with the surveyor-general for New Mexico under the 
act of July 22, 1854, but was not confirmed by Congress. 
The claim, however, was finally presented to the court 
of private land claims, and by that court was confirmed 
on December 8, 1898. (See Reported No. 142, U. S. Sur- 
veyor-General 's office. ) 

256 TEEEITOEIAL DEPUTATION. 

Decree relating to lands. August 9, 1827. Location not 
given. 

FRANCISCO ORTIZ, Lieutenant. 

Certificate relating to titles to lands in the Real de los 
Dolores. July 3, 1839. 

257 FELIPE SENA. 

Letter to the Governor of the Department. Santa Fe, 
July 3, 1845. Relative to the colony at Dona Ana. 

258 JUAN PAEZ HUETADO to Francisca de Egurjossa. 
Santa Fe, September 7, 1713. 

Conveyance of house and land. Before Juan Garsia de 
la Riva, Alcalde. 

259 VENTUEA ESQUIBEL. 

Petition for lands. 1734. Before Gervasio Cruzat y 
Gongora, Governor and Captain-General. Refused. 

260 MAEIA EOSA MAETIN to Salvador de Espinosa. 
Santa Fe, May 9, 1736. 

Conveyance of land in Chimayo. Before Estevan Garsia 
de Noriega, Alcalde. 

261 FEANCISCO and JUAN MANUEL DE HEEEEEA to 
Joseph Esquibel. Villa Nueva de Santa Cruz, Apri] 
14, 1751. 

Conveyance of land. Before Juan Joseph Lovato, Al 
calde. 

262 ANTONIA DE LA SEENA to Joseph Esquibel. Vill 
Nueva de Santa Cruz, July 17, 1751. 

Donation. House and lot. Before Juan Joseph Loval 
Alcalde. 



THE SPANISH AECHIVES OF NEW MEXICO 89 

263 JOSEFA SENA to Clemente Esquibel. Santa Fe, 
March 15, 1817. 

Conveyance of land. Before Jose Francisco Baca, Al- 
calde. 

!64 JUAN RAFAEL ESQUIBEL. 

Will. Santa Fe, December 21, 1819. 

ANTONIO ALEJANDRO ESQUIBEL. 

Will. Santa Fe, December 21, 1820. 

266 FRANCISCO TORRES to Clemente Esquibel. Santa 
Fe, May 25, 1824. 

Conveyance of land. Before Jose Ignacio Ortiz, Alcalde. 

267 LUIS BENAVIDES vs. VICENTE BACA, Alcalde. 
Santa Fe, 1827. 

Complaint in regard to lands purchased from Maria 
Manuela del Carmen Rodriguez. Before Antonio Nar- 
bona, Governor (Jefe Politico}. 

268 JOSE ESTRADA. 

Grant. Valle de Santa Getrudis de lo de Mora, October 
7, 1844. Before Jose Ortiz, Juez de Primera Instancia. 
Law of April 30, 1842. Articles 13 and 15 q. v. 

269 PEDRO BUEN-AMIGO ESPERANZA. Petition. 
Santa Fe, February 12, 1839. 

Asks for land at Shapellote (Sapello?). No action taken. 
No. 1244, q. v. 

270 PHELIPE DE ARRATIA to Lucas Flores. Santa Fe, 
November 23, 1700. 

Conveyance of a house and lot. Before Antonio de 
Aguilera Isasi, Alcalde. 

271 MARTIN FERNANDEZ. 

Petition. Jurisdiction of La Canada. Petition asks for 
"sobras" of the lands of Cristobal de la Serna and Cris- 
tpval Tafolla, on the Trampas river. No date and no ac- 
tion taken. 

272 ANTONIO MONTOYA to Maria Fernandez de la Pe- 
drera. Santa Fe, February 13, 1740. 

Conveyance of house and lot. Before Juan Paez Hur- 



90 THE SPANISH AECHIVES OF NEW MEXICO 

tado, Governor and Captain-General. Antonio Duran 
de Armijo. Baltazar Montoya. Antonio Montoya. 

273 IGNACIO JAEAMILLO to Gabriel Fragoso. Santa 
Fe, August 26, 1762. 

Conveyance of house and lot in Alburquerque. Before 
Manuel Gallego, Alcalde. Lucas Moya. Ignacio Jara- 
millo. Pedro Tafoya. 

274 MARCOS RODRIGUEZ to Juan Joseph Fernandes de 
Salasar and Juan Antonio Archuleta to the wife of the 
same. 

Conveyance and donation of lands. Santa Fe, September 
28, 1752. Before Manuel Gallego, Alcalde. Juan An- 
tonio Ortiz. Pedro Antonio Tafoya. 

275 FRANCISCO XAVIER FRAGOSO. 

Will. Santa Fe, April 24, 1766. Before Lieutenant To- 
mas Alarid and Ensign Francisco Esquibel. 

276 SALVADOR DE SANDOVAL to Carlos Fernandez. 
Santa Fe, August 27, 1767. 

Conveyance of land. Before Francisco Guerrero, Al- 
calde. Francisco Xavier Fragoso. Jose Miguel de la 
Pena. 

277 NUESTRA SENORA DE LA LUZ SAN FERNANDO Y 
SAN BLAS. 

Partition of lands. 1772. By Bernabe Montaiio y Cuel- 
lar, Alcalde. By order of Don Fermin de Mendinueta, 
Governor and Captain-General. Testimonio certified to 
by the Governor. Atrisco Grant, q. v. 

Nuestra Senora le la Luz San Fernando y San Bias : 
"We, Ensign Ramon Garcia Jurado and Antonio, and 
Jose and Bernabe Manuel and Juan Baptista and Pedro 
and Ramon Garcia Jurado, legitimate sons of Jose Mon- 
tafio, all residents of the town of Alburquerque, appear 
before your Excellency and state that at the place called 
Rio Puerco, there is some public land hitherto unsettled, 
with little permanent water, and at the places we now 
occupy, we are crowded and needy, for however much we 
may labor in the field and in the cultivation of our lands, 
we are unable to support ourselves nor always obtain 
even sufficient for our daily maintenance, and we are 
obliged to go out among the nearest Indian pueblos to 



THE SPANISH ARCHIVES OF NEW MEXICO 91 

work for them, sometimes weeding their fields, sometimes 
bringing firewood from the mountains for the small com- 
pensation of a few ears of corn with which they pay for 
this and other very laborious work. In consideration 
whereof and to the end that our suffering stock may pas- 
ture in some adequate place as in the said Rio Puerco, 
we therefore humbly pray that your excellency be 
pleased in the name of his Majesty (whom may God 
preserve) to make us a grant to the said lands, your ex- 
cellency being pleased to bear in mind that our fathers 
and grandfathers have served his Majesty in the con- 
quest and reconquest of this province, as is well known, 
as we also ourselves have done since we have been of age ; 
participating in all the expeditions and campaigns that 
have been projected against the savage enemies, without 
up to this time having asked or having been given a piece 
of land and if we now ask it of your Excellency it is be- 
cause necessity compels us, especially the necessity of 
pasturing our stock this winter, and on account of which 
necessity we fear, and without doubt it will so prove, that 
there will be a great mortality; and therefore in order 
to prevent this as well as on account of the benefit which 
will result from the increase of the sacred tithes to our- 
selves, the community, and the few additional persons 
who may join us, for we all carry with us arms and horses, 
although up to this time there has been no instance in 
which the enemy has come in by that route, it being for 
them very difficult as they run great risks of being caught, 
and the mountains which they inhabit being far distant. 

"BERN ABE MANUEL MONTANO" 

The decree by Governor Tomas Velez Cachupin gave 
authority to Don Antonio Baca, alcalde of Santa Ana, 
Zia, and Jemez, to reconnoiter the country and make re- 
port to him, which was done, as appears from the report 
by the alcalde, November 2, 1753, dated at the pueblo of 
Zia, on the 25th day of November of the same year. The 
grant was made by Governor Cachupin and the alcalde 
Antonio Baca instructed to place them in possession un- 
der the royal protection. The governor named the place 
Nuestra Senora de la Luz de San Fernando y San Bias. 
The governor also advised the settlers "to preserve peace, 
Christian unity and friendly social intercourse, in which 
matter the chief Alcalde who now or may hereafter of- 
ficiate in that jurisdiction, will exercise particular vigi- 
lance and care and they are urged also to attend Mass 



92 THE SPANISH AECHIVES OF NEW MEXICO 

on the holy days, taking care also that the young and 
the Indians be taught the prayers and the Christian doc- 
trine, which as Catholics, they ought to know." 

The settlement was placed under the jurisdiction of 
the chief alcalde of Santa Ana, Zia, and Jemez. The 
original settlers as appear from the account of juridical 
possession, were : Antonio Gurule, his wife and eighteen 
children, including domestics, making twenty; Juan Za- 
mora, his wife and six children; Jose Castillo and wife; 
Pedro Montano, wife and three children; Antonio Mon- 
tano, wife and three children ; Agustin Gallegos, wife and 
three children ; Feliciano Hurtado, wife and two children ; 
Jose Montano, wife and three children; Jose de Jesus 
Montano; Bernabe Montano and son; Marcos Baca, wife 
and six children and two servants; Juan Baptista Mon- 
tano, wife and three children, two servants; in all twelve 
families. The grant was confirmed on March 29, 1754, 
by Governor Cachupin; thereafter on the 18th day of 
January, 1759, Governor Francisco Antonio Marin del 
Valle compelled the settlers to appear before him and 
obligate themselves to carry out the provisions of the 
original grant, which they did, whereupon the grant was 
again made to these parties, and their successors. There- 
after in 1769, owing to some erasures in the grant papers 
made by Juan Baptista Montano, he was reprimanded 
with great severity by Don Pedro Fermin de Mendinueta 
for having tampered with the document. 

Owing to the constant raids of the Navajos and Apaches 
after having cultivated the land for upwards of twenty 
years, the grantees were compelled to abandon it and it 
was not until the later seventies that the property was 
again occupied by the heirs of the original grantees. 

Pedro Baca, a son of one of the original grantees, was 
killed at San Bias by the Navajos. 

278 JOSEPHA AKMIJO by her husband Koque Lobato 
and Joseph de Dimas to Carlos Fernandez. Santa Fe, 
August 22, 1770. 

Conveyance of house and lands. Before Phelipe Tafoya, 
Alcalde. Antonio Joseph Tafoya. Joseph Miguel Ta- 
foya. 

279 JULIANA FERNANDEZ. 

Will. Santa Fe, May 21, 1785. Before Jose Maldonado, 
Teniente. 



THE SPANISH ARCHIVES OF NEW MEXICO 93 

280 JUAN ANTONIO FERNANDEZ. Intestate. 

Inventory and partition of his estate. Santa Fe, 1784. 
Before Antonio Ortiz, Alcalde. Juan Bautista de Anza, 
Governor and Captain-General. Francisco Perez Ser- 
rano; Julian de Armijo; Vincente Troncoso; Fr. Jose de 
Burgos; Vincente Armijo. 

281 DOMINGO FERNANDEZ, SANTIAGO FERNAN- 
DEZ, JUAN DE ABREGO, BUENAVENTURA ES- 
QUIBEL, SANTIAGO RODRIGUEZ for themselves 
and the other heirs of Bartolome Fernandez. 

Petition for lands, 1815. Before Alberto Mainez, Gov- 
ernor. The land called for was then known as the Rancho 
de Cuberos and was originally granted to Bartolome Fer- 
nandez and Josef Quintana by Don Manuel Portillo Ur- 
risola, Governor and Captain-General. It was located 
between the pueblos of Santo Domingo and San Felipe. 
The petition was granted by Governor Maynez. Jose 
Alejandro Quintana was given one-half of the rancho and 
according to this item sold his one-half to the Indians of 
San Felipe in 1818. 

This is a lengthy manuscript in regard to a dispute be- 
tween Domingo Fernandez et al. and Jose Alejandro 
Quintana, in regard to the interest claimed by the latter 
in the Santa Rosa de Cubero Tract, on the west side of the 
Kio Grande, between the pueblos of Santo Domingo and 
San Felipe. The dispute arose in 1819, and the allega- 
tions of the contending parties disclose a pretty full his- 
tory of the grant, which is said to have been made orig- 
inally about 1761 or 1762 during the administration 
of Governor Manuel Portillo Urrisola. It is not necessary 
to set forth the details of the contents of this archive 281, 
as a complete translation into English is on file in the 
surveyor-general's office, in suit 267, in the former U. S. 
court of private land claims records. 

The important feature of it is that on pages 34 to 37 
of the original there is a deed made by Jose Alejandro 
Quintana at Bernalillo on June 18, 1818, to the Indians 
of San Felipe, for his interest (one-half) in this grant. 
This deed shows that Quintana owned the southern half 
of the tract, the northern half belonging to the heirs of 
Bartolome Fernandez. 

The boundaries of the grant were "on the north by the 
Santo Domingo league, on the south by the San Felipe 



94 THE SPANISH ARCHIVES OF NEW MEXICO 

league, on the east by the Del Norte river; and on the 
west by the table-land of Las Casitas, which they call that 
of Cubero and Los Apaches. 

This grant was confirmed by the court of private land 
claims on December 20, 1898, and has been surveyed. 
BABTOLOME FERNANDEZ appears in the La Majada 
Grant, q. v. 

Domingo Fernandez ; Jose Gutierrez, Alcalde ; Francisco 
Ignacio de Madariaga, Asesor; Fr. Francisco de Hozio, 
Cura of Santa Fe; Jose Petronilo Gutierrez, Alcalde; 
Juan de Abrego; Melgares, Governor. 

282 DOMINGO FERNANDEZ. Grant. 

Reported Claim No. 19, q. v. 

283 DOMINGO FERNANDEZ and OTHERS. 

Petition for lands in the place commonly called Pueblo 
de Pecos. 1823-24. 

Before Bartolome Baca, Governor and Jefe Politico. 
Read in session of February 16, 1824, of the Territorial 
Deputation. Not approved. 

Domingo Fernandez was the original petitioner to the 
Spanish government for the grant known as the Eaton 
or San Cristobal, situate in Santa Fe county, N. M. He 
states that he was a "son and descendant of the con- 
querors and pacifiers 'of this Kingdom of New Mexico." 
His petition for the grant, which he registered as "El 
Pueblo de San Cristobal," is unique in its phraseology 
and recites a number of facts of historical interest. His 
petition was filed with the governor, April 26, 1822, at 
which time he says * ' the ruins of the pueblo may be seen 
and the walls of a sacred temple in a dilapidated condi- 
tion and almost entirely razed to the ground, which calls 
my attention speaking with ingenuity, as upon seeing that 
sacred place where upon so many occasions the sacred 
and awful sacrifice of the mass has been offered, and where 
the most august sacrament was consecrated; considering 
that it is more than one hundred years since the natives 
who inhabited it have abandoned it, and it appears that 
Divine Omnipotence each day endeavours to make known 
to us that it sustains the foundations of this holy place, 
which is suffering under the disgrace of being a habita- 
tion for beasts, a stable for sheep and a manger for cows 
and calves, and, in a word, a lodging for brutes. His 
Divine Majesty knows that by the sole efforts of His 
great power and inscrutable providence he has moved my 



THE SPANISH ARCHIVES OF NEW MEXICO 95 

spirit for so great a purpose, and that it may not pos- 
sibly be thought that I solicit said land through avarice, 
let the proof be made, let permission be given to me to 
commence repairing it, which I promise to do as my cur- 
tailed means will allow, and I will be careful to give no- 
tice to our most illustrious bishop, in order that cere- 
monies may be performed therein, although the pastoral 
letter granted us that privilege, this being the principal 
object I have in view in my petition." 

The citizens of Santa Fe who were to assist Fernandez 
in this laudable enterprise and who were to receive land 
were of "good behaviour and sound habits, according to 
my sound judgment" as follows: Francisco Fernandez, 
Antonio Sena, Juan de Jesus Rivera, Miguel Rivera, Jose 
Maria Rivera, Ignacio Ortega, Jose Ortiz, Miguel Lobato, 
Pablo Ortiz, Florentino Ortiz, Jose Trugillo, Mariano 
Baca, Miguel Rodriguez, and Jose de Jesus Chaves, each 
with the appellation of "Don." 

The matter was referred to a committee by Don Pedro 
Armendaris, president of the illustrious corporation of 
Santa Fe, who visited the locality and reported that "if 
the petitioners labor with all such perseverance as it is 
seen those (the Indians) did, they will be rewarded for 
their labor if they are aided by God our father with 
water from heaven to fill their tank, as, in truth, from 
the existing springs they will reap very little benefit." 
The grant was made to Fernandez. He did not secure 
possession, however and five years later filed another peti- 
tion in which he states among others that from informa- 
tion received from a native of Pojoaque, named Ramon 
(Indian), in the presence of two witnesses "that the water 
on the land is abundant and that it is covered up; also 
that the ornaments and sacred vessels are buried, which 
he promised to show me and discover, together with the 
water." The "ornaments" referred to are those which 
were taken by the Indians at the time of the rebellion in 
1680. He received the same information in reference to 
the ornaments from Francisco, the ' * "White-eyed, ' ' without 
having been rewarded or requested, or compelled. 

A favorable report was made by two aldermen of the 
City of Santa Fe, July 26, 1827, Don Rafael Sarracino 
and Don Miguel Baca, who with the lieutenant of Ga- 
listeo, Don Julian Lucero, had reported on the property 
in 1822. On August 21, 1827, the grant was made to 
Domingo Fernandez and thirty men, and possession was 



96 THE SPANISH ARCHIVES OF NEW MEXICO 

given by the first appointed constitutional alcalde, Don 
Jose Maria Martinez, who "having taken Fernandez by 
the hand, he entered and walked over the said land, he 
pulled up weeds, and uttered loud exclamations of joy 
and pleasure, scattered hand-fulls of earth, broke off 
branches from the trees and said 'Long life to our pres- 
ent President, Don Guadalupe Victoria! Long life to 
the Mexican Nation!' ' 

The persons who had agreed to participate in the glor- 
ious work outlined by Fernandez in his several petitions 
failed to appear when the time for performance had ar- 
rived, in consequence of which two years later Fernandez 
again asked the political chief of New Mexico for "la 
justicia. ' ' 

On the same day the political chief, Chaves, issued an 
order compelling the "settlers" to comply and in the event 
of their failure other ' ' industrious individuals ' ' were to be 
substituted. 

On January 20, 1851, Fernandez sold the property to 
E. W. Eaton and A. W. Raynolds. Eaton afterwards 
acquired the title of Raynolds under a sheriff's sale and 
by quit-claim from Eaynolds. 

The property today belongs to Benjamin F. Pankey. 

The grant, as appears from the original title papers, was 
made according to the provisions of the royal edict of 
January 4, 1813, and also bears the approval of the Pro- 
vincial Deputation, authorized by the government of 
Mexico after the change from Spanish sovereignty. 

284 DOMINGO FERNANDEZ. 

Petition for vacant lands on the Pecos river. Santa Fe, 
March, 1825. Lands granted by the Territorial Deputa- 
tion, but no possession given. Captain Bartolome Baca, 
Governor. Vigil, Secretary. 

285 DOMINGO FERNANDEZ and OTHERS. 

Same subject as ante, No. 284. No final action taken. 
1828. 

286 DOMINGO FERNANDEZ and JUAN ANTONIO 
ARMIJO. 1828. 

In regard to lands in "El Canyon." No. 284-285, q. v. 

287 RAFAEL FERNANDEZ and OTHERS. 

Lands on the Pecos. No. 284-5-6, q. v. File No. 71 of- 
fice of the Surveyor-General, q. v. 




Facsimile of Signature of Don Juan Domingo de 
Bustamante, Governor and Captain-General, 1722- 
1731. 




Facsimile of Signature of General Juan Paez Hurtado, Gov- 
ernor and Captain-General, 1704-5, 1717. 




Facsimile of Signature of Don Gervacio Cruzat y Gongora, Governor 
and Captain-General, 1731-6. 




Facsimile of Don Gaspar Domingo de Men- 
doza, Governor and Captain-General, 1739-1743. 



THE SPANISH ARCHIVES OF NEW MEXICO 97 

88 DOMINGO FERNANDEZ, et al. 

Lands on the Pecos. No. 284-5-6 q. v. 1829. Terri- 
torial Deputation refused to confirm. 

This is a petition from two Indians of the pueblo of 
Peeos to the effect that they had been robbed of their 
lands five years before and asking for relief. 

MELCHORA DE LOS REYES and SEBASTIANA DE 
MONDRAGON to Francisco Garsia. Santa Fe, Octo- 
ber 2, 1700. 

Conveyance of house and lands. No signatures to this 
item. 

THOMAS PALOMINO to Cristoval Truxillo. Santa 

Fe, June 14, 1700. 

Conveyance of land. Before Antonio de Aguilera y Isasi, 
Alcalde. Tomas Palomino, Antonio Duran de Armijo, 
Miguel Ladron de Guevarra. 

290 DIEGO DE VECTIA (BEITIA) to Martin Garzia. San- 
ta Fe, February 6, 1702. 

Conveyance of land. Before Joseph Rodriguez, Alcalde. 

291 MARIA GARSIA DE NORIEGA. 

Grant to a piece of land in Santa Fe. May 1, 1702. Don 
Pedro Rodriguez de Cubero, Governor and Captain-Gen- 
eral. Antonio Aguilera Isasi, Alcalde ; Cristoval de Gon- 
gora, Secretary of the Cabildo; Pedro de Morales, Sec- 
retary of Government and War. 

292 FRANCISCO DE LA MORA to DIEGO GONZALES. 
Santa Fe, December 12, before Joseph Rodriguez, Al- 
calde. 

Conveyance of rancho and lands granted in 1699 by 
Cubero, Governor, to the grantor. Situate in the juris- 
diction of Villa Nueva de Santa Cruz. Francisco de la 
Mora, Antonio Lucero de Godoy, Domingo de la Barreda. 

293 TOMAS JIRON DE XEDA for himself and for his wife, 
Ana Dominguez and Dimas and Maria Xiron, his chil- 
dren, to Isabel Gonzales. Santa Fe, December 4, 1703. 

Conveyance of a rancho which formerly belonged to 
Alonzo del Rio. Before Lorenzo de Madrid, Alcalde. See 
below; this name should be Texeda. Cristobal de Gon- 



98 THE SPANISH ARCHIVES OF NEW MEXICO 

gora, Secretary of the Cabildo; Juan Manuel Chirifios; 
Ignacio de Aragon. 

TOMAS XIEON DE TEXEDA to Juan de Archuleta. 
Santa Cruz, February 12, 1698. 

Before Roque Madrid, Alcalde. Conveyance of a rancho. 

Joseph Antonio de Giltomey, Miguel Ladron de Guebara. 

MANUEL BALLEJO to Juan de Archuleta. Santa 

Cruz, November 11, 1697. 

Before Miguel Ladron de Guebara, Alcalde. Conveyance 
of a rancho. Miguel de Quintana, Joseph de Atienza. 

294 MARIA and JUANA GRIEGO vs. DIEGO ARIAS DE 
QUIROS. 1703. 

Suit in the matter of a piece of land in Santa Fe. Be- 
fore El Marques de la Naba de Brazinas. There are three 
signatures of this governor in this archive. Alfonzo Rael 
de Aguilar, Secretary, etc. 

This is the earliest reference to the old palace at Santa 
Fe as the "Palacio Real." 

295 ANTONIO BAS GONZALES vs. DIEGO ARIAS DE 
QUIROS. Santa Fe, August 4, 1704. 

Question of lands. Before Don Francisco Cuerbo y 
Valdes, Governor and Captain-General Juan Paez Hur- 
tado. Alfonzo Rael de Aguilar, Secretary of Govern- 
ment and of War. 

296 PEDRO DE ABILA to Diego Gonzales. Santa Fe, 
April 4, 1701. 

Conveyance of a fanega of land in San Cristobal. Before 
Joseph Rodriguez, Alcalde, Testimonio. 

297 FRANCISCO GARSIA. Grant. San Francisco 
Xavier del Basque Grande, February 5, 1706. 

A tract of land called a "Joy a." Possession given by 
Martin Hurtado, Alcalde, in the name of the King. Pos- 
sibly this tract is in the present county of Rio Arriba. 

298 DIEGO DE BEYTIA to Jose Manuel Giltomey. Santa 
Fe, April 30, 1708. 

Conveyance of a lot in Santa Fe. Before Juan Garzia 
de la Rivas, Alcalde. Bartolome Sanches. 



THE SPANISH ARCHIVES OF NEW MEXICO 99 

This shows that the main street of Santa Fe was known 
by the name of San Francisco in 1708. 

299 JUAN GABCIA DE NORIEGA. 

Grant. A piece of land below Santa Fe. Before the 
Marques de la Penuela, Santa Fe, August 13, 1708. Pos- 
session given by Juan Garsia de la Rivas, Alcalde. Cristo- 
bal de Gongora, Secretary of the Cabildo; Gaspar Gu- 
tierres de los Rios, Secretary of Government and War. 

300 FRANCISCO XAVIER DE BENAVIDES to Juan Gar- 
cia de Noriega. Santa Fe, August 20, 1711. 

Conveyance of land. Before Alfonzo Rael de Aguilar, 
Alcalde. Miguel de Sandoval Martinez. 

301 NICOLAS, JOSEFA, MARIA and PEDRO GRIEGO 
vs. JOSEPHA LUXAN. Santa Fe, 1712. 

Question of lands. Before Alfonzo Rael de Aguilar, Al- 
calde. Miguel de Sandobal Martinez. 

302 FRANCISCO MONTES Y VIGIL to Juan Gonzales. 
Santa Fe, July 18, 1712. 

Conveyance of a tract of land called "Alameda" granted 
to the grantor by the Marques de la Penuela in 1710. Be- 
fore Alfonzo Rael de Aguilar, Alcalde. Francisco Montes 
y Vigil; Antonio Duran de Armijo; Juan Gonzales; 
Cristobal de Gongora. No. 1029. 

The Town of Alameda Grant was first surveyed in 1871 
and had an area of more than 106,000 acres. The title 
was confirmed by the court of private land claims and 
under a new survey the area was reduced to about 89,000 
acres. There is a conflict with the grant to the pueblo of 
Sandia, as to that which lies east of the Rio Grande. No 
patent has been issued. 

303 JACINTO SANCHEZ to Juan Garcia de la Rivas. 
Santa Fe, May 9, 1713. 

Conveyance of a house and land in Santa Fe. Before Juan 
Paez Hurtado, Alcalde. Diego Velasquez, Antonio Duran 
de Armijo. 

304 JOSEPH BLASQUEZ (VELASQUEZ?) to Joseph 
Manuel Giltomey, Santa Fe, September 25, 1713. 

Conveyance of a house and lot in Santa Fe. Before Juan 
Garcia de la Rivas, Alcalde. Diego Velasquez. The sig- 



100 THE SPANISH AKCHIVES OF NEW MEXICO 

natures of this man in this item and that of No. 303 dif- 
fer materially. 

305 ANTONIO GODINES, of Santa Fe. 

Will. April 19, 1713. Before Juan Paez Hurtado, Al- 
calde. Joseph Maria Giltomey, Pedro de Roxas. 

306 ALEJO GUTIEEEES and BENTUBA DE LA CAN- 
DELAEIA. Alburquerque, August 15, 1715. 

Division of property. Before Luiz Garcia, Alcalde. An- 
tonio de Silva, Baltazar Romero. 

307 BALTAZAE EOMEEO to Alejo Gutierrez. Santa Fe, 
March 11, 1715. 

Conveyance of house and lands in Alburquerque. Before 
Diego Arias de Quiros, Alcalde. Antonio Albarez Cas- 
trillon, Joseph Maria Giltomey. 

308 A TESTIMONIO of No. 307. 

Felipe Tamaris. See No. 13. 

309 FEANCISCA ANTONIA DE GUEJOSA. 

Reported Claim No. 109, q. v. 

310 ANTONIO GALLEGOS, of Bernalillo. Intestate. 1715. 

Inventory and partition of his estate. Before Juan Ig- 
nacio Flores Mogollon, Governor and Captain-General. 
Roque de Pintto, Secretary of Government and War. 
Diego Montoya, Antonio Montoya. 

311 CEISTOVAL TAFOYA vs. ISABEL GONZALES. 
Jurisdiction of La Canada. 1715. 

Suit for lands. Before Juan Flores Mogollon, Governor 
and Captain-General. Joseph Truxillo, Alcalde. Juan 
de Atienza, Joseph de Atienza. Antonio de Balberde 
Cossio, General. Pedro de Villasur, Joseph Balentin de 
Aganza. 

312 JACINTO SANCHES to Petrona Gomez. Santa Fe, 
November 9, 1716. 

Conveyance of lot in Santa Fe. Before Francisco Lorenzo 
de Cassados, Alcalde. Francisco Joseph Cassados. 

313 JUAN EICO DE BEOJAS and MAEIA GUTIEEEES 
to Juan Garcia de la Eivas. Santa Fe, July 10, 1716. 



THE SPANISH ARCHIVES OF NEW MEXICO 101 

Conveyance of land near Santa Fe. Before Lorenzo de 
Cassados, Alcalde. Juan Manuel Chirinos, Salvador 
Montoya, Antonio Duran de Armijo. 

,314 FEANCISCO GARSIA. 

Before Phelix Martinez, Governor and Captain-General. 

315 ANTONIO GUTIERREZ. 

Grant. Land near Alburquerque. Approved November 
5, 1716. By Phelix Martinez, Governor and Captain- 
General. 

316 JUAN GONZALES BAS vs. JERONIMO DE ORTE- 
GA. 1731. 

Question of lands above Alburquerque. Before Gervasio 
Cruzat y Gongora, Governor and Captain-General. Gas- 
par Bitton, Juan Antonio de Vnaues. 

317 JUAN ESTEVAN GARZIA vs. JUAN LUJAN. 

Question of lands at Villa Nueva de Santa Cruz. 1731. 
Before Gervasio Cruzat y Gongora, Governor and Cap- 
tain-General. Land was sold to Juan Lorenzo Valdes. 
Gaspar Bitton, Juan Antonio Vnanues. 

318 This is a continuation of the foregoing Item, with the 
same signatures. 

319 DIEGO GALLEGOS. 

Petition for lands. September, 1731. Before Gervasio 
Cruzat y Gongora. Not granted. 

320 JUAN ESTEVAN GARZIA DE NORIEGA. 

Grant. Villa de Santa Cruz, 1735. A tract of land 
above the Pueblo Colorado. Approved by Juan Paez 
Hurtado, Governor and Captain-General. Revoked by 
Cruzat y Gongora, Governor. No date. Diego Torres, 
Alcalde. Miguel Martin Serrano, Joseph Terrus, Juan 
Joseph de la Serda, Diego de Vgarte. Antonio de Uli- 
barri, Colindante. 

321 FRANCISCO XAVIER DE MIRANDA to Francisco 
Antonio Gonzales, Alburquerque, March 25, 1735. 

Conveyance of a tract of land in Atrisco. Before 
Geronimo Xaramillo, Alcalde. Bernardo Ballejos. 



102 THE SPANISH ARCHIVES OF NEW MEXICO 

322 MANUELA GARCIA DE LAS RIBAS, ISABEL MON- 
TOYA and FRANCISCO QUINTANA. 

Grant. 1735. Tract of land situate opposite the old 
town of Abiquiu. Approved by Juan Paez Hurtado, 
Governor, and possession given by Juan Estevan Garsia 
de Noriega, Alcalde. Called in for record, by Governor 
Cruzat y Gongora. No date. Antonio Montoya. Juan 
Lorenzo Baldez, Antonio de Uribarri. 

323 MANUELA LUSERO to Lazaro Garsia. Alburquer- 
que, April 23, 1735. 

Conveyance of house and land. Before Geronimo Xara- 
millo, Alcalde. Francisco Antonio Gonzales. 

324 JUAN ANGEL GONZALES and ANTONIA DE 
CHAVES to Diego Gonzales. Santa Cruz de la Cana- 
da, May 10, 1736. 

Conveyance of land. Before Juan Estevan Garsia de 
Noriega, Alcalde. Miguel de Quinttana, Tomas Nufies de 
Aro. 

325 ANTONIO GARSIA and THEODORA GONZALES to 
Diego Gonzales. Villa Nueva de Santa Cruz, May 17, 
1736. 

Conveyance of a tract of land in the Canada,. Before 
Juan Estevan Garsia de Noriega, Alcalde. Alonso Rael 
de Aguilar, Antonio Felix Sanchez, Miguel de Quinttana. 

326 JOSEPH GONZALES, of Alameda. Intestate. 

Inventory of his property. Before Juan Gonzales Bas, 
Alcalde. 1738. Alexandro Gonzales, Isidro Sanches. 

327 JOSEPH DE HERRERA to Alonzo Griego. Santa Fe y 
February 26, 1738. 

Conveyance of lands. Before Antonio Montoya, Alcalde 
Juan Manuel Chirinos, Joseph Tamari (Tamaris?). 

328 MARIA TAFOYA to Lazaro Garcia de Noriega. Si 
ta Fe, April 26, 1739. 

Conveyance of house and lands. Before Antonio M< 
toya, Alcalde. Gregorio Garduno, Baltazar Montoya. 

329 JUAN GARCIA DE LA MORA to Joseph Garcia. Sant 
Fe, July 27, 1739. 



THE SPANISH AECHIVES OF NEW MEXICO 103 

Conveyance of house and lands. Before Antonio Mon- 
toya, Alcalde. Gregorio Garduno, Baltazar Montoya. 

JOSEPH GARSIA to Manuel Sans de Garvisu. Santa 
Fe, September 26, 1739. 

House and lands in Santa Fe. Before Antonio Montoya, 

Alcalde. 

131 JOSE GARCIA to Juan Gavaldon. Santa Fe, Septem- 
ber 9, 1739. 

Conveyance of house and lands in Santa Fe. Before An- 
tonio Montoya, Alcalde. Joseph de Terras, Baltazar 
Montoya. 

332 SALVADOR GONZALES. 

Grant. Reported Claim No. 82, q. v. 

333 FRANCISCO GUTIERRES vs. GREGORIO DE GON- 
GORA. 

Question as to land. Before Don Ignacio Codallos y 
Rabal, Governor and Captain-General, 1744. Jurisdic- 
tion of Bernalillo. Francisco de Roa y Carrillo, Fray 
Manuel Zambrano, Felipe de Silba, Antonio Aramburu, 
Joseph Roma de Vera, Alfonzo Rael de Aguilar. 

334 FRANCISCO DE ROA Y CARRILLO to Francisco 
Guerrero. Santa Fe, July 17, 1744. 

Donation of half a mine called "Nuestra Senora del Pilar 
de Zaragoza." Three leagues from the pueblo of 
Picuries. Antonio de Hulibarri, Alcalde. Sebastian de 
Apodaca, Joseph Roma de Vera. 

335 JOSEPH DE TERRUS. 

Entry of a mine. 1744. Before Joaquin Codallos y 
Rabal, Governor and Captain-General. Situate two 
leagues from Picuries and called ' ' Santa Rosa de Lima. ' ' 

JOSEPH DE TERRUS to Francisco de Roa y Carrillo 
and Francisco Guerrero. 

Donation of the above. Antonio de Hulibarri, Alcalde. 

Francisco de Roa y Carrillo, Sebastian de Apodaca, 

Joseph de Roma de Vera. 

336 HEIRS OF SEBASTIAN GONZALES. 1744. 

Partition of lands. The heirs were the children of the 
above and GERONIMO de ORTEGA, and were eleven 



104 THE SPANISH AKCHIVES OF NEW MEXICO 

in number. The lands were near Santa Fe. Partition 
made by Antonio de Hulibarri, Alcalde. ANTONIO de 
ORTEGA for himself and other heirs to ROSA de AR- 
CHIBEQUE, widow of said GERONIMO de ORTEGA. 
1750. Donation of a piece of land. Before Joseph 
de Bustamante Tagle, Alcalde. In 1760 further pro- 
ceedings were had in this matter at the instance of the 
said widow, Rosa de Archibeque. Lucas Miguel de Moya, 
Joseph Maldonado, Carlos Fernandez, Francisco Guer- 
rero, Alcalde, Thoribio Hortiz (Ortiz), Juan Antonio 
Hortiz (Ortiz), Juan Phelipe Rivera, Fray Joseph de 
Urquijo, Sebastian de Apodaca, Juan Francisco Arroniz, 
Nicolas Rael de Aguilar, Lucas Moya, Phelipe Tafoya, 
Antonio Joseph Ortiz, Joseph Reafio. Bartolome Marques, 
Mayor domo de Fabrica. Francisco Antonio Marin del 
Valle, Governor and Captain-General. Bernardo de Miera 
y Pacheco. The last named came to New Mexico from 
Chihuahua in 1744. In 1768 together with Pedro Padilla 
of San Andres (jurisdiction of Isleta) he was given a 
grant of land on the Rio Puerco. P. L. C. No. 98. Possession 
was given by Captain Francisco Trebol Navarro at the 
' ' Canada de los Alamos. ' ' 

Sebastian Gonzales was the father of Sebastiana Gon- 
zales. The following is certificate of his death and burial : 

"On the eleventh day of the month of June, seventeen 
hundred and twenty-six, died Sebastian Gonzales, mar- 
ried to Luisa Ortiz. His age was sixty years, he received 
the holy sacraments, and his body is interred in the 
Chapel of Our Lady; and that it may so appear, I sign 
on said day, month, and year. Ut supra. 

"FRAY JOSEPH ANTTO. GUERRERO [rubric] " 

337 MAEIA GEIEGO. Grant. Santa Fe, January 16, 
1695. 

Petition for a piece of land a quarter of a league from 
the town. Approved by Don Diego de Vargas Zapata 
Lujan Ponce de Leon, Governor and Captain-General. 
Possession given on January 26, 1698, by Antonio 
Aguilera Isasi, Alcalde. 

PEDRO ANTONIO TEUJILLO AND VALENTINA 

PACHECO. Santa Fe, 1745. 

Compromise in the matter of the disposition of the es- 
tate of the above. Before Juan Antonio de Hulibarri, Al- 
calde. Alphonso Rael de Aguilar, Secretary of Govern- 
ment and War. Miguel Tenorio de Alba, Secretary of 



THE SPANISH AECHIVES OF NEW MEXICO 105 

Cabildo. Antonio Aramburu, Joseph Roma de Vera, An- 
tonio Rodriguez, Antonio Felix Sanchez, Joaquin Codallos 
y Rabal, Gregorio Garduiio, Francisco Rodriguez, Joseph 
Miguel Garduno. 

18 GREGORIO GUTIERREZ, of Alburquerque, vs. MA- 
RIA SILVA, 1745. 

Petition for ejectment. Before Don Joachin Codallos y 
Rabal, Governor and Captain-General. Lands in Fuen- 
clara. Possession by Joseph Baca, Alcalde. Bernardo 
Ballejos, Marcial Rael de Aguilar. 

339 JUAN MANUEL GAVALDON. 

Will. Santa Fe. July 14, 1745. Before Juan Antonio 
de Hulibarri, Alcalde. Antonio Felix Sanchez, Gregorio 
Garduno. 

340 LUIS GARZIA, of Alburquerque. 1746. 

Petitions that the lands given to himself and his brothers, 
Vicente and Alonzo, by Captain General Marques de la 
Penuela be given to him alone. Granted by Don Joachin 
Codallos y Rabal, Governor and Captain-General in the 
same year. Ramon Garzia Jurado, Phelipe Jacobo de 
Vnaues, Phelipe Barela, Geronimo Jaramillo, Miguel de 
Alire. Juan Moya, Alcalde. Jose Leon Oneto Escobedo, 
Antonio Gorole (Gurule). 

341 LUIS GARCIA, of San Antonio, Jurisdiction of Albur- 
querque. 

Inventory of estate. Before Bernardo Antonio Busta- 
mante Tagle, Alcalde and Teniente General este Reino y 
Justicia Mayor. Ramon Garzia Jurado. 

342 LUIS GARCIA DE NORIEGA, of Alburquerque. 1747. 

Proceedings in the matter of the partition of his estate. 
Before Don Joachin Codallos y Rabal, Governor and Cap 7 
tain-General. Will. No. 341, q. v. Joseph Baca, Al- 
calde, Ramon Garzia Jurado, Miguel Montoy a, Phelipe 
Romero, Fray Juan Joseph Toledo, Miguel de Alire, Ben- 
tura Romero, Domingo de Luna, Joseph Tenorio, Pedro 
Romero, Fray Joseph Irigoyen, Joachin Marin. 

343 LUIS GARCIA. 

Proceedings in the matter of the settlement of his estate. 
1747 Before Don Joachin Codallos y Rabal, Governor 
and Captain-General. Nos. 341, 342, 414 and 1221, q. v. 



106 THE SPANISH ARCHIVES OF NEW MEXICO 

BARBARA GARCIA JURADO, widow of Luis Garcia 

de Noriega. 

Power of attorney to her father, Ramon Garcia Jurado. 
In the matter of a suit brought by ROSALIA GARCIA 
de NORIEGA against the estate of Luis Garcia. Testi- 
monio. 

ROSALIA GARCIA de Noriega was the daughter of 
Luis Garcia by his first wife. Her husband was Don 
Salvador Martinez. Joseph Romo de Vera, Ramon Gar- 
cia Jurado, Lucas Miguel de Moya, Felipe Jacobo de 
Vnanues, Phelipe Tafoya, Joseph Garsia. 

344 MARIA DE LA CANDELARIA GONZALES. 

Will. Santa Fe, 1750. Before Joseph de Bustamante 
Tagle, Alcalde. Lucas Moya, Tomas Casillas. 

345 ANTONIO DOMINGUEZ to Phelipe Garduno. Santa 
Fe, April 20, 1750. 

Conveyance of land. Before Jose Bustamante Tagle, Al- 
calde. Joachin Martin, Phelipe Tafoya. 

346 HEIRS OF MICAELA BASQUEZ (VASQUEZ?), 
widow of Francisco Gonzales de la Cruz. Santa Fe, 
April 24, 1750. 

Partition of estate. By Joseph de Bustamante Tagle, Al- 
calde. Lucas Miguel de Moya. Phelipe Tafoya. 

347 JUAN ESTEVAN GARSIA DE NORIEGA, by Phelipe 
Tafoya. 

Petition for a rancho said to have been abandoned at 
Casa Colorada, called "Santa Barbara." Before Don 
Tomas Velez Cachupin, Governor and Captain-General, 
1751. Report of the Alcalde, Juan Joseph Lovato, of 
statement of Rosalia de Beytia, widow of Juan Antonio 
Lujan, as to the reason of the abandonment. Juan Do- 
mingo Lovato, Antonio Martin. 

348 FELIPE NERIO SISNEROS to Manuel Gallegos. Sat 
ta Fe, June 5, 1751. 

Conveyance of house and land. Before Joseph Bi 
mante Tagle, Alcalde. Torrivio Ortiz, Antonio de Hul 
barri. 

349 ANTONIO TAFOLIA to Luis Fuera (Grazioso). Sc 
ta Fe, October 10, 1751. 



THE SPANISH AECHIVES OP NEW MEXICO 107 

Conveyance of house and land. Before Joseph de Busta- 
mante Tagle, Alcalde. Sebastian (Fresqui) de Apodaca. 

J50 JOACHIN MARTINES to Francisco Garcia. Santa 
Fe, April 5, 1752. 

Conveyance of house and lands. Before Manuel Galle- 
gos, Alcalde. Lucas Moya, Pedro Tafoya. 

.1 MARIA DIEGA GARDUNO, Intestate. Santa Fe, 
1752. 

Inventory and partition of her estate. By Joseph Busta- 
mante Tagle, Alcalde. Juan de Gabaldon, Pedro Tafoya. 
No. 350 q. v. 

>2 JUAN GABALDON. Grant. 

This grant was made in the year 1752 to Juan de Gabal- 
don by Governor Tomas Velez Cachupin. The petition- 
ers agreed to erect a reservoir in the Tesuque river owing 
to objections made by the corporal, Juan de Benavides, 
who owned land near the pueblo of Tesuque. 

When this grant was confirmed by the court of private 
land claims and a new survey made it was found that a 
small conflict with the grant to the pueblo of Tesuque was 
made. 

153 JUAN GARSIA DE LOS REYES. 

Will. San Buenaventura de Ckimayo, August 18, 1752. 
Before Juan Joseph Sandoval, Alcalde. Nicolas Leal, 
Salvador Varela. 

354 MARIA DE HERRERA, widow of Antonio Martin, to 
Diego Gomez. Ojo Caliente, April 5, 1753. 

Conveyance of land. Before Juan Joseph Lobato. Al- 
calde. Jose Martin, Bisente Apodaca, Francisco Zaes. 

355 NICOLAS GARCIA. 

Will and partition of estate, by Nicolas Ortiz, Alcalde. 
Santa Fe, 1754. Francisco Guerrero, Phelipe Romero, 
Juan Antonio Ortiz, Joseph Maldonado, Thoribio Ortiz, 
Joseph Miguel de la Pefia. 

356 JOSEPH GARDUNO to Juan Gallego. Santa Fe, July 
23, 1755. 

Conveyance of land. Before Francisco Guerrero, Alcalde. 
Joseph Miguel Garduno, Julian de Armijo. 



108 THE SPANISH AECHIVES OF NEW MEXICO 

JUAN TOMASA GALLEGO of Corral de Piedra, to 

Clemente Esquibel. January 20, 1811. 

Conveyance of house and lands. Before Jose Miguel 
Tafoya, Alcalde. By endorsement. Antonio Tafolla. 

357 LUIS DE ARMENTA to Cristobal Gamboa. Santa Fe, 
June 20, 1759. 

Before Francisco Guerrero, Alcalde. Lucas Moya, Manuel 
Bernardo Garvisu. 

Luis de Armenta was given a tract of land near the 
City of Santa Fe. The grant was made by Governor 
Cruzat y Gongora. In the act of possession mention is 
made by Antonio de Uribarri of "the house of Sebastian 
de Vargas along the hill" on the road from Santa Fe to 
Pecos. 
To His Excellency the Governor and Captain-General : 

I, Nicolas Armenta, lieutenant of the pueblo of Our 
Lady of Angels of Pecos, before your excellency, through 
the medium of this petition, in the best form allowed me 
by law, appear and say that whereas there exists in this 
superior archive of the government a grant of land of my 
deceased father (may he rest in peace), his name being 
Luis de Armenta, and the said possession was given by 
Captain Don Antonio de Ullibari, while he was alcalde 
mayor of this town of Santa Fe, in the time when the 
governor of this kingdom was Don Gerbacio Cruzat y 
Gongora, I therefore ask your excellency, if you should 
find it just, to have done to me what I have petitioned, 
for which reason I ask and pray your excellency most 
submissively to be pleased to command and do as I have pe- 
titioned ; for in doing so I shall receive grace with justice, 
which I ask; and I swear in due form that this my peti- 
tion is not done in bad faith in the necessary, etc. 

NICOLAS ARMENTA [rubric] 

Town of Santa Fe, May 26th, 1783, received as present- 
ed ; and in view of what the petitioner asks, I should and 
do command that the testimonio which he prays for shall 
be given to him, which is in the following tenor : " To his 
excellency the governor and captain-general, I, Luis de 
Armenta, resident of this town of Santa Fe, appear be- 
fore your excellency in the best form allowed me by law 
and say that in conformity with the royal ordinances of 
his majesty I register a piece of unoccupied lands, in 
which probably there can be ploughed two fanegas, lying 
on the left hand of the road leading to the pueblo of 



THE SPANISH AECHIVES OF NEW MEXICO 109 

Pecos, and it adjoins with the alto of the arroyo de los 
Chamisos, because it is royal domain and the said lands 
lying almost in the woods (monte) , for which reason until 
the present day it is not known that they have had any 
owner nor that any person who might have a right has 
registered them. And because I am under the obligations 
of wife and children, and I have no farming lands for 
their maintenance, may the great justification of your ex- 
cellency be pleased to make me a grant of the said lands 
in the name of his majesty and command that the alcalde 
mayor of this town give me the possession of the same and 
the personal use in the name of his majesty. For all of 
which I ask and pray of your excellency to be pleased to 
grant me the said lands accordingly and as I have asked 
for them, which is just; and I swear in form and in the 
necessary. Luis DE ARMENTA" 

"In the town of Santa Fe, on the llth day of the 
month of September, 1732, it having been seen by me, the 
Colonel Don Gerbacio Cruzat y Gongora, governor and 
captain-general of this kingdom of New Mexico and its 
provinces, I received it as presented for what it may be 
worth in law. In view of what the petitioner asks, I 
made him a grant in the name of his majesty of one 
fanega for farming at the place he cites, without preju- 
dice to third party who may have better claim, and that 
he be placed in possession in the land embraced by the 
said fanega of farming land by Captain Antonio de Uli- 
barri, alcalde mayor of the said town who will place the 
boundaries that belong to it according to what has been 
granted. Thus I provided, ordered, and signed with the 
witnesses of my attendance for the lack of public or royal 
notary, for there are none in this kingdom, and it is done 
upon the present common paper, because there is none of 
the seal in these regions. 

' 'DON GERVACIO CRUZAT Y GONGORA 
"Att. Witt.: 

"GASPAR BITTON. 

4 ' JUAN ANTONIO DE UNANUE. " 

"In the town of Santa Fe, on the 19th day of the 
month of April, 1733, I, the Captain Antonio de Ulibarri, 
alcalde mayor and war captain of this said town, in 
obedience to what has been decreed by his excellency the 
Colonel Don Gervacio Cruzat y Gongora and captain- 
general of this kingdom, I went upon the lands asked for 
in his petition by Luis de Armenta, and being upon it I 
gave him the royal possession, with all the customary 



110 THE SPANISH ARCHIVES OF NEW MEXICO 

formalities, fixing to him for boundaries of the fanega for 
planting corn by the road that leads to Pecos, which road 
starts from the house of Sebastian de Vargas, with the 
hill (lomas) the first cross to another cross that it makes 
on crossing another small hill (lomita), and to its size 
on the east, where there are two other crosses; and that 
it may so appear, I signed it with my attending witnesses 
for the lack of public or royal notary, for there are none 
in this kingdom. ANTONIO DE ULLIBARI 

" Judge Commissioner. 
"Wit: 

"DlMAS GlBON. 

"PHELIPE TAMARIS." 

"And for the effect that may be proper, I certify that 
it is the same to be found in the book of government 
which he cites, which I authorize and sign, I, the under, 
signed colonel of cavalry, political and military governor 
of this province, with the witnesses of my attendance for 
the lack of public or royal notary, for there are none in 
all this government; to which I certify. 

"JUAN BAUTISTA DE ANZA [rubric] 
"Att. witt.: 

"VIZTE. TRONCOSO. 

"FRANCO. PEREZ SERRANO." 

358 JUAN GALLEGOS. 

Will and partition of his property. 1760. Before Fran- 
cisco Guerrero, Alcalde. 

The will bears the signature of Fray Juan Joseph To- 
ledo, and is dated at Tome, November, 1760. Bartolome 
Frnz. (Fernandez) ; Maria Butierrez (Gutierrez) ; An- 
tonio Lucero, el Soldado. 

In the papers in the jo de San Miguel Tract the petition 
of Don Bartolome Fernandez recites : 

"I, Bartolome Fernandez de la Pedrera, brevet ensign 
of this royal garrison of the Villa de Santa Fe, appear 
before your excellency and state, sir, in consideration of 
the many and great services that my deceased grand- 
father, Captain Martin Hurtado, founder of the Villa of 
Alburquerque, and ensign of the line of this said garrison, 
pacificator of this province, rendered, and also those ren- 
dered by my deceased father, also pacificator and ensign 
of the line in the mounted company of the royal garrison 
of El Paso, as well as those rendered by my brother, who 
served his majesty and in whose service he died, and as 
well as those rendered by myself, I have registered and 



THE SPANISH AECHIVES OF NEW MEXICO 111 

apply for a tract of vacant and unsettled land upon the 
water shed of the Navajo province." 

The tract was called the Ojo de San Miguel and was 
granted to him by Governor Don Pedro Fermin de Men- 
dinueta in September, 1767. 

In 1873, Don Lorenzo Baca, ninety-seven years of age, 
a resident of Taos, says that Bartolome Fernandez de la 
Pedrera was his great-grandfather on the maternal side; 
that his grandfather was Juan Antonio Fernandez, his 
father's name was Jose Baca, and his mother's Maria 
Rosa de Fernandez, the daughter of Don Juan Antonio 
Fernandez ; that, when a young boy he had herded sheep 
and cattle upon this tract which was west of the Puerco 
river, Chaco Mesa. He states that they had to leave on 
account of the hostilities of the Navajos except when the 
Indians became quiet, coming to Santa Fe and receiving 
presents from the king. 

359 MANUEL GAECIA PAEEJAS, of Rio Arriba. 

Will. April 15, 1763. Before Carlos Fernandez, Al- 
calde. Joachin Garzia de Noriega ; Antonio Joseph Garcia 
de la Mora. 

360 LEONAEDO GONZALES to Eosalia Gonzales, his 
daughter. Donation. 

House and land in Santa Fe. September 10, 1764. Vin- 
cente Armijo; Lucas Moya. 

361 JUAN ALONZO MONDEAGON to Francisco Gonzales. 
Villa Nueva de Santa Cruz, November 13, 1764. 

Conveyance of house and lands. Before Joseph Esquibel, 
Alcalde. Juan Luis Cano Saenz; Joseph Antonio Lopez. 

362 JOSEPH MAECELO GALLEGOS vs. PEDEO ITUE- 
EIETA, of Belen. 1765. 

Question of lands. Before Don Tomas Velez Cachupin, 
Governor and Captain-General. No final decision. 

Ignacio Cornelio Figueroa; Isidro Trujillo; Carlos Fer- 
nandez ; Juan de la Cruz Holguin ; Juan Francisco Baca ; 
Santiago Truiyo; Santiago Trugiyo; Joseph Maldonado; 
Miguel Lusero; Toribio Garzia Jurado; Juan Manuel 
Padia. 

363 MANUEL GALLEGOS, of Santa Fe. Intestate. 

Inventory of his estate. 1765. Before Nicolas Ortiz, Lieu- 



112 THE SPANISH AECHIVES OF NEW MEXICO 

tenant-Governor. Joseph Miguel Garduno; Bernardo de 
Zena ; Pedro Tafoya ; Fray Andres Garcia. 

364 BERNAEDO DE BUSTAMANTE to Juan Francisco 
Gonzales. Santa Fe, May 2, 1767. Before Francisco 
Guerrero, Alcalde. 

Conveyance of lands. Juan Estevan Baca; Juan Fran- 
cisco Nino Ladron de Guevara. 

365 ANTONIA DUEAN DE CHAVES and AGUSTINA, 
FEANCISCA and VICENTE, her grand-children to Pe- 
dro Antonio Gonzales. Santa Fe, November 28, 1767. 

Conveyance of lands. Before Francisco Guerrero, Al- 
calde. Miguel de Alire; Jose Miguel Taf oya; Lucas 
Moya. 

366 EAMON GAECIA. Santa Fe, June 14, 1768. 

Will. Before Thomas Madrid, Lieutenant. Joseph Mal- 
donado ; Juan Antonio Alari. 

367 VICENTE AEMIJO, of Alburquerque, and MAEIA 
JOSEPHA LOPEZ, of Santa Fe, to Francisco Garcia. 
Santa Fe, April 18, 1769. 

Conveyance of land. Before Phelipe Tafoya, Alcalde. 
Joachin Lain; Joseph Miguel Tafoya. 

368 CEISTOBAL GALLEGO, Minor Heirs of, vs. JUAN 
EOQUE GALLEGO. Question of lands. 

Before Francisco Trehol Navarro, Alcalde. Lands situ- 
ate at Bernalillo. Judgment versus the Plaintiffs by Don 
Pedro Fermin de Mendinueta, Governor and Captain- 
General, July 24, 1770. Manuel Zainz Garvisu; Joseph 
Ibanez Corvera; Antonio Baca; Mattheo de Peiiarre- 
donda. 

369 MANUEL MAETIN to Salvador Garcia. Nuestra 
Senora de la Soledad, August 6, 1763. 

Conveyance of lands. Before Carlos Fernandez, Alcalde. 
Copy. Certified by Jose Manuel Martinez, Secretary. No 
date. 

370 VICENTE DE SENA to Maria Antonia Gabaldon, alias 
La Lusera. Santa Fe, November 2, 1768. 

Conveyance of house and lands. Before Phelipe Tafoya, 
Alcalde. Anacleto Miera; Joseph Miguel Tafoya. 



THE SPANISH AECHIVES OF NEW MEXICO 113 

CLEMENTE GUTIERREZ. 

Inventory of his estate. 1785. Partition of the same. 
Before Don Juan Bautista de Anza, Governor. 

Pajarito Grant, Reported No. 157, q. v. 

Joseph Mariano de la Peria; Francisco Perez Serrano; 
Antonio Villegas Ruiz ; Vincente Troncoso ; Cristobal Lar- 
ranaga; Lorenzo Gutierrez; Francisco Antonio Garcia; 
Manuel de Arteaga; Antonio Baca; Manuel Alari. 

Will of Clemente Gutierres made by his attorney, Josef 
Mariano de la Pefia, his son-in-law. Pajarito, May 20, 
1785. 

372 JOSE ANTONIO GRIEGO. 

Will and partition of his estate. 1785. Before Don Juan 
Bautista de Anza, Governor. Property located in Santa 
Fe. Jose Maldonado; Jose Miguel de la Pefia; Juan de 
Dios Pefia ; Bernardo Bustamante ; Juan Miguel Garduno. 

373 EDUARDA RITA GARDUNO. Santa Fe, May 5, 
1785. 

Before Jose Maldonado, Lieutenant. Diego Antonio de 
la Pefia; Juan Miguel Trugillo. 

374 FERNANDO DE LA CONCHA to Josefa Griego. Do- 
nation. Santa Fe, September 20, 1791. 

House in Santa Fe. Before Antonio Josef Ortiz, Al- 
calde. Maria de los Dolores Montoya; Josef Garcia 
Griego; Don Fernando de la Concha, Governor and Cap- 
tain-General; Manuel Delgado, Captain; Vincente Tron- 
coso, Lieutenant; Pablo Sandoval; Fray Francisco de 
Hosio (Ocio) ; Juan Ortiz, Lieutenant; Joseph Rafael 
Sarracino, Postmaster. 

375 FRANCISCO and ANTONIO GARCIA. 

Grant. Year 1798. Reported Claim No. 25. 

376 MIGUEL GALLEGO. Santa Fe, 1799. 

Settlement of his estate. Before Antonio Arze. Jose 
Campo; Fray Francisco de Hosio; Francisco Montoya; 
Jose Campo Redondo ; Juan de Dios Pefia ; ; Martin de 
Irigoyen ; Santiago Silva ; Jesus Lusero ; Juan de Abrego. 

377 JULIAN BEJIL (VIGIL) to Juan Cristobal Garcia. 
Alameda, April 20, 1806. 

Conveyance of house and lands. Before Don Cleto Miera 
y Pacheco, Alcalde. Jose Gutierrez ; Mariano Perea. 



114 THE SPANISH AECHIVES OF NEW MEXICO 

378 JOSE GAECIA DE LA MOKA. 

Grant. 1807. File No. 783, Vallecito Grant. Surveyor- 
General's office. 

Vallecito was settled in 1824 with fifty-two settlers. The 
place is about twenty-five miles from Abiquiu. The place 
was abandoned in 1844 owing to the war with the Utes ; the 
settlers returned in 1846. General Jose Maria Chaves 
was an officer in this campaign against the Utes. He had 
been a lieutenant under the Spanish government; under 
the Mexican government he was made a captain of a 
squadron of militia, auxilliary to the regular garrison, 
and was also military inspector of the frontier district of 
Abiquiu, El Rito, and Ojo Caliente. He frequently com- 
manded the Mexican military forces in campaigns against 
the Utes and Navajos. Under the American government 
he was prefect of Rio Arriba three times and during the 
Civil War and afterward was brigadier general of militia 
of the district of northern New Mexico ; he was seven times 
a member of the Territorial Legislature ; during the Mex- 
ican regime he was alcalde for the district of Abiquiu, a 
judicial position about equal to a county judge. 

General Chavez was born in New Mexico, September 
25, 1801, and with his parents removed to Abiquiu when 
he was three years of age. He died at the age of 101 
years. 

379 ANTONIO GAECIA vs. BAEBAEA BEENAL. 

Letter of Cleto Miera y Pacheco, Alcalde, November 2, 
1808. Addressed to Don Jose Manrique, Acting Gov- 
ernor. 

380 VALLECTIO DE XEMES. 

Grant. Question of boundiaries. Before Don Jose Man- 
rique, Governor. 1808. Ignacio Sanchez Vergara, Al- 
calde; Josef Tapia, Juez Commissionado ; Thorivio Gon- 
zales; Miguel Montoya; Pablo Montoya. 

Town of Vallecito or Santo Toribio de Jemez Grant. 

This claim was rejected by the court of private lane 
claims. It was supposed to lie just north of the grant 
the pueblo of Jemez. 

381 LUCIANO GAECIA vs. ESTATE OF ANACLET< 
MIEEA. 1815. 

Before Maynez, Governor. For the recovery of purchz 
money of a house in San Jose de las Huertas. Bernalillo 



THE SPANISH ARCHIVES OF NEW MEXICO 115 

county. Juan Jose Gutierres, Alcalde ; Josef Mariano de 
la Pefia, Alcalde; Jose Marcos Baca. 

XAVIER GARCIA, et al. 

The Socorro Tract. Reported Claim No. 107. 

The present city of Socorro is built upon the site of a 
Piro pueblo, named Pil-a-bo. The Franciscan mission was 
founded there in 1626 ; had a church and a convent, which 
was dedicated to the "Virgen del Socorro" Virgin of 
Relief. The pueblo and all were abandoned in 1680, the 
greater portion of the people following the Spaniards to 
Paso del Norte. The dedication to the Virgin of Relief 
was made in honor of Juan de Onate, who secured large 
quantities of provisions from the pueblo of Teypama, just 
across the Rio Grande from this point. The church was 
still standing in 1692, when De Vargas came up the val- 
ley ; the roof had been burned. See Escalante Relation, 
p. 137. In 1725 the ruins of the pueblo could be plainly 
seen. Rivera, Diario y Derrotero. 

There are a great many ruins of ancient pueblos in the 
vicinity of the present town of Socorro. There is a ruin 
at El Barro, three miles north of the town, and also at 
the Hot Springs, close to the mountain, three miles west. 
Those at the Hot Springs are almost obliterated; they 
stand on two bare promontories or small knolls, separated 
by an arroyo or gulch. There is to be found opposite to 
the promontory of El Barro, in the Arroyo de la Parida, 
the ruin of a large pueblo, which consisted of at least 
three edifices. This pueblo was built of adobe and in all 
probability was two or three stories in height. 

This grant was claimed to contain 843,259 acres and 
was filed with the court of private land claims by Eu- 
timio Montoya, of San Antonio, New Mexico. The claim 
was rejected by the court. 

383 MARIA VICTORIA GUTIERREZ vs. PEDRO MI- 
GUEL GUTIERREZ. 1820. 

Before Facundo Melgares, Governor. Question of lands. 
Eernalillo county. Jose Francisco Ortiz, Alcalde; Pedro 
Miguel Gutierrez ; Santiago Moya ; Juan Isidro Gutierrez ; 
Pedro Armendariz; Pedro Bautista Pino; Jose Petronilo 
Gutierrez; Joaquin de Luna; Jose Gutierres; Pedro Jose 
Perea. 

Controversy between Maria Victoria Gutierrez and her 
brother, Pedro Miguel Gutierrez, in regard to the owner- 



116 THE SPANISH AECHIVES OF NEW MEXICO 

ship of a ranch, the location of which is not accurately 
stated, but which apparently was at or near the place 
called Angostura, some miles north of the town of Berna- 
lillo, and in the neighborhood of the junction of the Santa 
Ana (or Jemez) river with the Rio Grande. 

In connection with this controversy one of the parties 
thereto filed a certified copy of a number of documents, 
which might possibly at some time be useful to the In- 
dians of Santa Ana or San Felipe probably the former. 

This certified copy begins on p. 1, of leaf 22, and ends 
on p. 1, of leaf 27. It is authenticated by Facundo Mel- 
gares, then governor of New Mexico, on May 13, 1820, 
and includes the following documents : 

(1) Deed of August 4, 1790, by Juan Candelaria, a 
San Felipe Indian, to Jose Miguel Garcia, a Spanish citi- 
zen of Bernalillo, for a piece of land at Angostura, ac- 
quired by purchase by Candelaria. The consideration was 
sixty pesos. The extent of the land from east to west was 
eighty-seven and three-fourths varas, bounded "on the 
north by the embankment of the Santa Ana irrigating 
ditch, and on the south by the edge of the old river. ' ' 

(2) Statement of August 13, 1819, by Jose Mariano de 
la Peiia, chief alcalde of Alburquerque, to the effect that 
while acting under commission from Governor Facundo 
Melgares, in carrying out the orders of the royal audien- 
cia of the district dated March 27, 1818, the party named 
in the preceding writing (la antecedente escritura) having 
appeared before him, "his sale and the fourth part of his 
purchase" (whatever that may mean) were restored to 
him. 

The language used in the original is somewhat vague, 
and the explanation of the reason for returning the land 
to the party is not so clear that I may not be in error in 
my interpretation of it, but, without giving to it more 
critical study than its apparently slight importance seems 
to justify at present, I understand it to mean this: 
That the land which had been sold subsequently was dis- 
covered to be a part of land which the pueblo of San Fe- 
lipe was compelled to surrender to the pueblo of Santa 
Ana in obedience to a decision of the royal audiencia, and 
that the former pueblo then returned to the vendor cer- 
tain lands of equal area which formed a part of certain 
lands which it owned by purchase at Algodones. 

The San Felipe people were to recognize as their bound- 
ary the old edge of the river, which boundary they had 
disputed with those of Santa Ana. 



THE SPANISH AECHIVES OF NEW MEXICO 117 

It is further stated that "this document" is to remain 
in full force and effect as a purchase from the community 
of San Felipe. 

Among the signers of this statement was Ignacio Maria 
Sanchez Vergara, the protector of the Indians. 

(3) Deed made at San Jose de las Huertas, on No- 
vember 2, 1801, by Candelaria, a native of the pueblo of 
San Felipe, to Jose Garcia de Noriega, for a piece of land 
230 varas long, and 71 varas wide, had by purchase by 
said Candelaria at Angostura. 

The boundaries are stated to be, "on the north by the 
vendor himself, and on the south by the land of the pur- 
chaser himself, and on the east it is bounded by lands of 
Bautista, and on the west it is bounded by lands of Mig- 
uelito." 

(4) Deed made at San Jose de las Huertas, on Novem- 
ber 10, 1801, by Juan Kosalia, a native of the pueblo of 
San Felipe, to Jose Garcia de Noriega, for a piece of land 
acquired by purchase by said Juan Rosalia at Angostura. 

The boundaries are, "on the north by lands of Cande- 
laria, on the south by lands of Bautista, on the east it is 
bounded by lands of Perucho, on the west by lands of 
Bautista/' and its extent is stated to be 350 varas by 37 
varas. 

(5) Statement by Jose Mariano de la Peiia, dated 
August 13, 1819, to the effect that while acting under 
commission from Governor Facundo Melgares, in carry- 
ing out the orders of the royal audiencia of the district, 
dated March 27, 1818, the party named in the preceding 
writing having appeared before him "his sale" etc., was 
restored to him. 

The reasons given for this action are the same as those 
set forth in the document designated as (2) herein, and 
it is stated that this present document is signed by Ig- 
nacio Maria Sanchez Vergara, the protector of the In- 
dians. 

(6) Deed made at San Jose de las Huertas, on Sep- 
tember 10, 1803, by Candelaria, a native of the pueblo of 
San Felipe, to Jose Garcia de Noriega, for a piece of land 
703 varas long, by 203 varas wide, at Angostura. 

In recording the boundaries of the land no mention is 
made of an eastern boundary, and one word which has 
been changed, another which is probably erroneous, and 
an omission of one or more words in another place, render 
the boundaries extremely doubtful. It is impossible to 



118 THE SPANISH AECHIVES OF NEW MEXICO 

make a satisfactory translation of them. The following 
will give some idea of the condition of the original : 

"And its boundaries are on the north it is bounded by 
the same Indians of the pueblo of Santo domino (Do- 
iningo?) and on the south it is bounded by house (this 
word casa has been altered from something else) lands of 
the said pueblo, and on the west it is bounded by the 
(some word or words probably omitted here) probios (no 
such word in Spanish) Indians. 

(7) Deed made at Bernalillo on December 4, 1815, by 
Jose Riano, a native of the pueblo of San Felipe, to Jose 
Miguel Garcia, for a piece of land at Angostura, which 
is 323 and two and one half fourth v aras long, and 94 
and one and one half fourths varas wide. 

The boundaries were, "on the north by lands of the 
pueblo of San Felipe, on the south by lands of the same 
pueblo , on the east by lands of the purchaser himself, 
and on the west by lands also of the same pueblo." 

The statement is made that the land was sold by the 
consent of the whole pueblo. 

(8) Statement by Jose Mariano de la Pena, chief al- 
calde of Alburquerque, dated August 13, 1819, to the ef- 
fect that while acting under commission from Governor 
Facundo Melgares, in carrying out the orders of the royal 
audiencia of the district, dated March 27, 1818, the party 
named in the preceding writing having appeared before 
him "his sale," etc., was returned to him. 

The reasons given for this action are the same as those 
set forth in the document designated as (2) herein, and 
it is stated that this present document is signed by Ig- 
nacio Maria Sanchez Vergara, the protector of Indians. 

The above statement is made by W. M. Tipton. 

384 TORIBIO GURULE vs. CEISTOBAL GONZALES. 

Question of lands. County of Bernalillo. 1821. Before 
Don Facundo Melgares, Governor. Jose Miguel Aragon, 
Alcalde; Feliz Pino; Manuel Trujillo; Antonio Trujillo; 
Gregorio Ortiz; Tomas Antonio Bercera; Antonio Ruiz: 
Juan Luiz Trujillo; Vincent e Ferrer Duran; Antonio 
Armijo. 

385 JUAN GARCIA. Petition. 1821. 

Before Don Facundo Melgares, Governor. Lands in San 
Antonio de Carnue. Not granted. 

386 TOMAS ANTONIO GALLEGOS vs. PEDRO GALLE- 
GOS. 1822. 






THE SPANISH AECHIVES OP NEW MEXICO 119 

Before Armendariz, Alcalde. Question of inheritance. 
Plaintiff claims lands. Baltazar Perea, Alcalde; Marcial 
Torres; Jose Maria Gutierrez; Francisco Trujillo; Pedro 
Bautista Pino. 

17 FRANCISCO GARCIA; DOMINGO GALLEGO, Pri- 
mero; FRANCISCO JURADO; PASCUAL ARCHU- 
LETA; CRISTOBAL MARTIN; FRANCISCO GAL- 
LEGO; ANTONIO JOSE GARCIA; JULIAN GAL- 
LEGO; TOMAS MESTAS; MANUEL GALLEGO; 
RAMO GALLEGO; JUAN MADRIL; SALVADOR 
XARAMIO; MARCIAL ARCHULETA; DOMINGO 
GALLEGO, Segundo. 

Petition for lands. Year 1824. Before Don Bartolome 
Baca, Governor. Petition granted and petitioners put in 
possession of lands at Canones de Reano by Francisco 
Truxillo, Alcalde. Rio Arriba county. 

Colonel Bartolome Baca, at one time governor or po- 
litical chief of New Mexico, and Don Antonio Jose Otero, 
appointed circuit judge by General S. W. Kearny^ were 
among the first owners and settlers of the place known 
as Manzano, of which there were in all one hundred and 
sixty; the petition for the lands taken up by these was 
presented to the corporation or ayuntamiento of Tome, 
September 22, 1829, and it is rather remarkable that no 
reference is made in any of the papers to the existence 
of the celebrated apple trees of that place. The petition 
recites that "not having the deed of possession to the 
said town in which they have settled, and the site of said 
town being known to be owned by no one, we request your 
excellency to be pleased to grant us the possession thereof, 
giving us the land which we are now occupying; giving 
us as boundaries from north to south, from Torreon to the 
old Mission of Abo, and from east to west, from the Mesa 
de los Jumanos to the mountain ; all of which is to be for 
pasture grounds and other common purposes, cross roads 
and other uses necesary for every town established upon 
all the solid basis of common and private property and 
inhabited by the same ; requesting further, as a condition 
for any of the above mentioned individuals, or any others 
to be admitted in the future without injury to the former, 
to the new town of Manzano, to acquire legal property 
therein, that he shall construct a regular terraced house 
of adobe in the plaza where the chapel is to be constructed, 
(for which permission has been granted us), and he shall 



120 THE SPANISH AECHIVES OP NEW MEXICO 

bring with him his property of every description, con- 
tribute to all community labor, procure the increase and 
prosperity of the town, defending with arms the firesides 
of his town to the fullest extent against any domestic or 
foreign enemy; and finally, that the person who will not 
reside in said town with the family belonging to him, and 
who shall remove to another settlement, shall lose all right 
he may have acquired to his property. 

"Tome, September 22, 1829. JOSE MANUEL TRUJILLO." 

This petition was referred to the Territorial Deputa- 
tion by the president of the ayuntamiento, Don Jacinto 
Sanchez, with the statement that "the only objection 
found being in regard to the arable land therein situated 
belonging to the retired Lieutenant- Colonel Bartolome 
Baca, who will be satisfied with the land which, as a new 
settler, he may acquire, together with that which he has 
purchased from other settlers, promising that although he 
will not establish his residence there, he will cultivate and 
improve the lands which may be recognized as his. ' ' 

A "league" of land in each direction was granted by 
the Territorial Deputation, of which Jose Antonio Chavez 
was president, and Roman Abreu, secretary; when pos- 
session was given, the center was named as being at "El 
Alto del Pino de la Virgen," which was situate in the 
middle of the cultivated fields. 

388 JOSE MAEIA GALLEGO. 

Petition for lands "sobrantes" of the Pecos. 1825. Be- 
fore Bartolome Baca, Governor. J. B. Vigil, Secretary, 
of Territorial Deputation. 

389 JUAN EUSEBIO GAECIA DE LA MOEA. County of 
Taos. 

Petition. 1826. Question of lands against Felipe Gon- 
zales. Before Don Antonio Narbona, Governor. Juan 
Antonio Martin, Alcalde. 

This is a dispute between Juan Eusebio de la Mora and 
Felipe Gonzalez, in regard to a piece of land at or near 
Taos. 

There are six papers in this archive, but they are dis- 
connected, and insufficient to give a perfect understand- 
ing of the case. 

The controversy between Garcia and Gonzalez arose in 
1826, but the incipiency of the trouble appears to have 
been not less than ten, and possibly more, years prior to 



THE SPANISH ARCHIVES OF NEW MEXICO 121 

that time. Garcia claimed that Gonzalez had promised 
him 100 varas of land in the tract, and insinuates that 
Gonzalez knew that he was improperly holding the land 
under a false claim of being an heir of the former owner. 
Gonzalez denies that he had promised any land to Garcia, 
and asserts that such promise was made by some people 
named Sanchez who were living on the tract. 

The information contained in this archive is fragment- 
ary, but may be of use in connection with other sources 
of knowledge. 

There is a certified copy of certain clauses of the will 
of Francisca Pacheco. The will was dated June 8, 1802 ; 
the certified copy is by Antonio Narbona, then governor 
of New Mexico, and is dated May 18, 1826. In this will 
she names as her only heirs her brother Jose, and her 
sisters Barbara and Margarita. As executors of the will 
she names her brother Jose Pacheco and her nephew Joa- 
quin Sanchez. In referring to the property she owned 
she said, ' ' I declare that I have at Taos one hundred and 
fifty varas of land." 

Among the papers in this archive 389 is a copy of a 
copy, not certified, at least if it was ever certified the cer- 
tificate must have been upon the lower half of the first 
page of the second leaf, which is now missing. It appears 
from this paper that in certain proceedings had in the 
year 1815, it was shown that Joaquin and Jose Sanchez had 
sold certain lands to the Indians of the pueblo of Taos, 
Joaquin at that time stating to the Indians that there were 
no other heirs to the property; that subsequently three 
other persons appeared claiming to be heirs ; that upon an 
investigation of the matter, under orders from Governor 
Alberto Maynez, by Felipe Sandoval, the protector of the 
Indians, the Indians surrendered three portions of the land 
claimed by the newly discovered heirs, and were paid back 
the money which they had paid for those portions the 
land of the vendors, which amounted to 2,840 varas, from 
the boundary of their league to the north side, where the 
protector of Indians made them place landmarks "at the 
boundary which the grant of Captain Sebastian Martin 
cites." 

In his petition of April 25, 1826, Garcia states that 
he is a son of Teodora Gallego, who claimed that she had 
an interest in certain lands which had been illegally sold 
to the Indians of Taos by Joaquin Sanchez, then deceased. 
This interest apparently was claimed by her because of 
her being an heir of Francisca Pacheco. 



122 THE SPANISH AECHIVES OF NEW MEXICO 

Apparently these lands were a part of a grant made to 
Antonio Martin. Referring to them, the petitioner, Gar- 
cia, says, "and sold to the Indians of the pueblo of Taos 
as the instrument which said Sanchez made those In- 
dians states, and it states the grant to be donated to An- 
tonio Martin who donated to Isabel Pacheco and to Fran- 
cisca Pacheco as appears by the document and compro- 
mise which the alcalde Pedro Martin made to the children 
of Diego Rafael and to the Sanchez who are those who are 
on the tract and property of Prancisca Pacheco. ' ' 

390 MIGUEL GARCIA. 

Petition, 1827. Before Manuel Armijo, Governor. Asks 
for a document of partition of lands of the Romeros in 
Taos. Manuel Martinez, Alcalde. 

391 JOSE DOMINGO GARCIA et al. 1828. 

Petition for lands near Alburquerque. Before Manuel 
Armijo, Governor. Refused because covered by grant of 
lands to Los Griegos. Ambrosio Armijo, Alcalde. 

392 MIGUEL GAECIA, JULIAN GORDON, JOSE MAN- 
UEL COP AS. 1829. 

Report of the committee of the Territorial Deputation 
against making them a grant of lands in Taos. Francisco 
Sarracino; Cabeza de Baca; Baca y Terrus. 

393 SALVADOR XIRON. (GIRON). 1829. 

Petition claiming possession of land in Santa Ana del 
Sabinal. Before Juan Geronimo Torres, Alcalde. 

394 MARIA DE LA LUZ GALLEGOS, widow of Ignacio Ma- 
drid. 

Will. Santa Fe, May 18, 1830. Before Ignacio Ortiz, 
Alcalde. 

395 JOSE VICTOR GARCIA vs. JUAN RAFAEL ORTIZ. 

Question of land at Pojoaque. 1831-2. Before Vincente 
Martinez, Alcalde. Juan Vigil; Domingo Fernandez; 
Juan Trugillo ; Mateo Sandoval ; ; Juan Antonio Armijo ; 
Vincente Martinez; Roman Abreu; Juan Bautista Vigil, 
Alcalde. 

396 RAFAEL GONZALES. 

Report on petition for land. 1832 Claim of Jose D. Fer- 
nandez et al. File No. 71, Surveyor-General's office, q. v. 



THE SPANISH ARCHIVES OF NEW MEXICO 123 

.397 JULIAN GARDUNO, JOSE MARIA BENAVIDES, 
ROMAN SISNEROS vs. ANTONIO ARMIJO. 

Question of land at Real de los Dolores. . . 1835. Before 
Manuel Doroteo Pino, Alcalde. Juan Benavides. 

398 LUIS GRIEGO. FRANCISCO PROVENCIO. JUAN 
SILBA. JOSE SILBA. FLORENCIO LA GARZA. 
VICENTE ROIBAL. BENITO VARELA. MAR- 
CELINO ORTIZ. 

Petition for lands at Galisteo. 1843. Before the Ayun- 
tamiento of Santa Fe. Possession given by Antonio Sena, 
Alcalde. J. A. Archuleta, Prefect. Archive No. 802 has 
been transferred to this one. 

399 MARIA DE LOS REYES GUTIERRES. 

Will. Puesto de la Cienega, May 9, 1843. Fernando Or- 
tiz y Delgado. Rafael Romero. 

400 TOMAS DE HERRERA Y SANDOVAL. 

Petition for land. 1695. Before Don Diego de Vargas, 
Zapata Lujan Ponce de Leon, Governor and Captain-Gen- 
eral. Possession given by Roque Madrid, Alcalde. Half 
a fanega, near Chimayo. 

401 TERESA DE HERRERA Y SANDOVAL vs. MARIA 
DE LEYBA Y MENDOZA. 1706. 

Question of a piece of land at Santa Cruz. Before Fran- 
cisco de Ribera, Alcalde. Roque Madrid, Alcalde; Juan 
de Medina Ortiz ; Joseph de Atienza ; Juan de Atienza. 

402 ANA MAGDALENA HERNANDEZ vs. TOMAS DE 
HERRERA. 1712. 

Question of lands at Santa Cruz. Before the Marques de 
la Penuela, Governor and Captain-General. Juan Paez 
Hurtado, Ten'te General; Roque Madrid, Alcalde. 

403 VICENTE FERRER DE ARMIJO to Juan Paez Hur- 
tado. Santa Fe, December 4, 1713. 

Conveyance of house and lands. Before Juan Garcia de la 
Riva, Alcalde. Antonio Duran de Armijo ; Joseph Maria 
Giltomey. 



124 THE SPANISH AECHIVES OF NEW MEXICO 

404 MAEIA DE PALACIOS Y BOLIVAR to Juan Paez 
Hurtado. Santa Fe, January 13, 1716. 

Conveyance of a house and lot. Before Juan Garcia de 
la Kiva. Alphonso Rael de Aguilar (Abbreviated sig.) ; 
Joseph Maria Giltomey. 

405 MAEIA HUETADO. 

Will. Santa Fe, December 28, 1725. Before Miguel Jo- 
seph de la Vega y Coca, Alcalde. Juan Manuel Chirinos ; 
Tomas de Sena. 

406 JUAN MANUEL DE HEEEEEA. 

Will. Villa Nueva de Santa Cruz, June 12, 1753. Be- 
fore Juan Joseph Lovato, Alcalde. Francisco Valdes y 
Bustos; Pablo Truxillo. 

407 JOSEPH GAEDUNO to Joseph de Herrera. Santa 
Fe, June 16, 1784. 

Conveyance of a house and lot. Before Nicolas Ortiz, 
Alcalde. Juan Antonio Hortiz (Ortiz) ; Nicolas Rael; 
Juan Joseph de Icuza y Elisondo. 

408 ANTONIO GONZALES to Juan Bautista de Herrera. 
Santa Fe, April 8, 1755. 

Conveyance of land. Before Francisco Guerrero, Al- 
calde. Manuel Begil (Vigil) ; Juan Antonio Ortiz. 

409 BAETOLA HUETADO, widow of Joseph Bustamante. 
Santa Fe, May 13, 1762. 

Will and inventory of estate. Before Manuel Gallego, 
Alcalde. Tomas de Armijo; Joseph Miguel Garduno; 
Pedro Taf oya ; Nicolas Ortiz. 

410 JOHN HEATH. 

Petition for lands at the Bracito. 1823. Copy of pro- 
ceedings. 

The claim of John Heath was not confirmed by the 
court of private land claims. The Bracito Tract was 
first settled by Don Juan Antonio Garcia de Noriega, a 
resident of El Paso; he was a lieutenant of dragoons of 
that town. In 1805 he constructed an irrigation ditch on 
the Bracito Tract, which lies just south of Mesilla Park, 
New Mexico. In the year 1816 in the valley of the Rio 
Grande, between Rincon and El Paso there was a great 
visitation of locusts which destroyed all the cultivated 



THE SPANISH ARCHIVES OF NEW MEXICO 125 

fields. He was advised to make a settlement of this lo- 
cality by the Lieutenant- Colonel Don Alberto Maynes. 
Don Juan lived amicably with the Apaches in this locality, 
as he says : ' ' The Chiefs of the Apaches have told me that 
next year they desire to have their lands planted, and if 
said settlement is established, aided by the citizens of the 
town of El Paso and the new settlers, I will plant their 
lands so as to keep them more quiet." 

In 1805, upon a similar petition from Garcia de No- 
riega, it was denied by Alencaster, then governor of New 
Mexico. Don Juan died at his ranch of Bracito in the 
year 1828. 

Juan Maria Ponce Leon, political chief of the Bravos 
district, in March, 1849, certified "that D. Juan almost 
at his own expense kept the Apaches at peace, and ren- 
dered other useful services to travellers and even to the 
entire nation, until the savages by their insurrections and 
hostilities forced him to withdraw from said place; the 
land itself proves that it has been cultivated, as it is 
crossed by acequias ; some of the land is irrigated and the 
ruins of the house still exist. 

' ' I also know, not remembering the year, that an INDI- 
VIDUAL OF THE UNITED STATES, named John Gid 
(Heath) asked for and received a GRANT OF LAND at 
the same place from the Mexican authorities, respecting 
those of Don Juan Garcia : THIS HE AFFIRMS, having 
been one of the Commissioners in the measurement of the 
land asked for, and at the request of the party inter- 
ested." 

It is quite interesting to know that the claim of John 
Heath (Juan Gid) to a grant of land at this place failed 
because his descendants did not know from what source 
the grant had been obtained; it came from the governor 
of Durango, and not from the New Mexican authorities. 

In the testimony taken before the surveyor-general of 
New Mexico, Pelham, it also appears that at the time of 
the occupation of the city of El Paso by the American 
troops under General A. W. Doniphan, the town hall of El 
Paso was made headquarters by Doniphan, at which place 
all of the archives were kept. This is sworn to by Don 
Juan Jose Sanchez, who also says : 

"I was first justice at that time, and that as such Cap- 
tain Waldo, doctor of medicine, and belonging to the said 
army, informed him that the soldiers were entirely de- 
stroying the archives, and that for that reason he went 
there immediately, with several others, and collected the 



126 THE SPANISH ARCHIVES OF NEW MEXICO 

few public papers they had left, the greater portion hav- 
ing been already burned and thrown in the street, and 
even some time after there were important papers found 
scattered in the streets." 

The title to this Bracito Tract in a proceeding before 
Horace Mower, justice of the supreme court of New Mex- 
ico, was finally adjudicated, by which Hugh Stevenson, 
successor in interest to the original grantee, received a 
two-thirds interest in the grant. The grant was originally 
made by Don Jose Ordas, lieutenant-governor of that juris- 
diction. 

411 ISABEL JORGE DE BERA. 

Grant. 1696. City of Santa Fe. Half a fanega. 

May 5, 1699 ; refers to the Rio Chiquito and to the Rio 
Grande, the latter being the present Santa Fe river. The 
Rio Chiquito was a small stream which had its rise at a 
large spring in what is now known as the Bishop 's Garden 
and other springs located on the site of the convent of the 
Sisters of Loreto. Its course was down what is now known 
as Water street, Santa Fe, and joined with the Rio Santa 
Fe about opposite the site of the Guadalupe Church. 

JOSEFA DURAN, widow of Faustin Griego. 

Grant. City of Santa Fe. 1696. About half a fanega. 

MICAELA DE VELASCO to Jose Blasquez. Santa 
Fe, October 15, 1708. 

Conveyance of house and lot. 

ISABEL JORGE DE BERA to Micaela de Velasco. 
Santa Fe, June 28, 1797. 

Conveyance of house and lands. 

On leaf 7, December 22, 1706, reference is also made to 
the "Camino real que va al Alamo" ; this was to the south 
and the Alamo was a ranch or hacienda belonging to Jose 
Riano, in these days called "Pino's Ranch." 

LORENZO MADRID to Antonio Rael de Aguilar. Sat 
ta Fe, December 22, 1706. 

Conveyance of house and lands. 

JUANA DE CARRAS vs. ANTONIA SEDANO, wii 

of Juan Lorenzo de Medina. 1713. 

Question of lands. Juana de Carras acts in the name 
her absent husband, Jose Blasquez, and the land in qu< 



THE SPANISH ARCHIVES OF NEW MEXICO 127 

tion is the same sold to him by Micaela de Velasco who 
was the widow of Miguel Garcia de la Riva. 

Don Diego de Vargas Zapata Lujan Ponce de Leon, Gov- 
ernor and Captain General. Domingo de la Barreda, 
Secretary of Government and War. Antonio de Aguilera 
Isasi, Alcalde. Miguel Tenorio de Alva; Joseph Manuel 
Giltomey; Xpttobal de Gongora; Diego Arias de Quiros, 
Alcalde; Roque de Pintto, Secretary of Government and 
War ; Juan Paez Hurtado ; Lorenzo de Madrid ; Francisco 
Romero de Pedrassa ; Juan Garcia de la Rivas ; Antonio 
Duran de Armijo; Antonia Sedano. 

412 URSULA RAMOS to Antonia Xiron, wife of Francisco 
Vigil. Santa Cruz de la Canada. August 23, 1736. 

Conveyance of house and land. Acquired by the vendor 
from Diego Martin, with guarantee of Juan de Dios Mar- 
tinez de Sandoval, March 21, 1713. Before Juan Estevan 
Garcia de Noriega, Alcalde. Antonio Trujillo ; Miguel de 
Quinttana. 

413 ROQUE JACINTO JARAMILLO and JUAN MAN- 
UEL DE HERRERA. 

Grant. Situate on the Rio del Oso, county of Rio Ar- 
riba. 1746. Re-validation by Don Joachin Codallos y 
Rabal, Governor. Possession given by Juan de Beytia, 
Alcalde. No boundaries are set out either in the proceed- 
ings or in the possession. The original grant was made 
to the above named and to others, by Don Juan Domingo 
de Bustamante, governor and captain-general. The 
boundaries given in the petition are : North, lands of the 
Alferez Torres; south, lands of Juan de Tafoya; east, 
lands of Juan de Mestas, and west, the entrance of the 
canyon of the Sierra.. 

Vincente Ginzo Ron y Thobar; Francisco Gomez del 
Castillo; Phelipe Jacobo de Vnuanue; Juan de Beytia, 
Alcalde ; Joseph Romo de Vera ; Juan Lorenzo Baldes. 

Cristobal de Torres Grant, q. v. 

414 RAMON GARCIA JURADO and SALVADOR MAR- 
TINEZ, of Alburquerque. May 21, 1746. 

Before Don Joachin Cadallos y Rabal, Governor. Peti- 
tion in the matter of the partition of the estate of Josefa 
Valverde. Agreement as to the division of lands of the 
Ranchos. San Francisco de Sandia; San Joseph de los 
Corrales ; San Antonio. 
Josepha Valverde was the widow of Captain Luis Gar- 



128 THE SPANISH ARCHIVES OF NEW MEXICO 

cia, and Salvador Martinez claimed his part as husband 
of Rosalia Garcia. 

The agreement was approved by Codallos y Rabal on the 
date supra. 

415 JOSEPH DE MEDINA to Juana de Xaramillo. Santa 
Cruz, October 1, 1753. 

Conveyance of two tracts of land. Before Juan Joseph 
Lobato, Alcalde. Juan Domingo Lobato ; Antonio Martin. 
Medina or Black Mesa Grant, R. No. 56, was confirmed 
by the court of private land claims and surveyed for 
more than 19,000 acres. A portion of its south boundary 
adjoins the San Juan Pueblo Grant. It was patented 
December 9, 1907. 

416 EAMON GARCIA JURADO and BROTHERS. 

Grant. 1753. Reported Claim No. 49, q. v. 

417 JUAN ESTE VAN JUAN JUEVE (or JUAJUEVE). 

Will. San Antonio. Jurisdiction of Villa Nueva de 
Santa Cruz. April 2, 1764. Before Manuel Garcia Pa- 
reja, Alcalde. Francisco Sanches; Alletano Atencio. 

418 LUIS XARAMILLO. 

Will. December 27, 1784. Before Thomas Madrid, Teni- 
ente. Diego Antonio Margue ; Joseph Maldonado. 

419 CATALINA JURADA. 

Will. Puesto de Nuestra Senora de Guadalupe, January 
31, 1767. Before Manuel Garcia Pareja, Alcalde. Pedro 
Antonio Martin ; Juan Joseph Bustos. 

420 JOSEPH and XAVIER JARAMILLO. Fuenclara, 
1768. 

Petition for land. Before Don Pedro Fermin de Men- 
dinueta, Governor and Captain-General. Francisco Tre- 
bol Navarro ; Joseph Hurtado de Mendosa ; Manuel Zeinos ; 
Antonio Moreto; Mattheo de Pefiarredonda. 

421 LUIS JARAMILLO. 

Grant. Reported Claim No. 108. 

Luis Jaramillo, in 1769 had been thirty-six years a sol- 
dier and corporal of the garrison at Santa Fe. He asked 
the governor, Mendinueta, for lands on the Rio Puerco, 
adjoining those of Captain Antonio Baca; all of the set- 
tlers of Nuestra Senora de La Luz, San Fernando, and 




DON FERNANDO DE ALENCASTRE NORONA Y SILVA 
Duke of Linares, Viceroy of Mexico 1711-16 




THE SPANISH AECHIVES OF NEW MEXICO 129 

San Bias del Rio Puereo protested. This availed them 
nothing, however, as Jaramillo was put in possession and 
the governor in discussing some of the things done by 
the settlers in times past, says: "they stupidly and ma- 
liciously altered the testimonio of the grant and the act 
of possession wherever 'leagues' were mentioned, as ap- 
pears from the original, ' ' and on account of the expression 
made by Juan Bautista Montano, before the above men- 
tioned alcalde (Trebol Navarro), when executing the act 
of possession given to the residents of Atrisco, that those 
alterations were made by my predecessor aforesaid, I 
order that a writ be issued, commanding the said Montano 
to appear before me in this, my tribunal, it being in- 
credible that my predecessor could have done so, as well 
because said testimonio has always remained in the pos- 
session of said settlers, was made in the time of my pre- 
decessor, Francisco Antonio Marin del Valle, for if he 
had altered the testimonio he would have also altered the 
original, and in case he desired to extend the boundaries 
he would have done so in due form and not by destroying 
the document, which I direct remain on file in this of- 
fice that the fact may at all times appear. ' ' 

422 JUAN LUSEEO DE GODOY. 

Grant. Land near Santa Fe. 1693. Before Diego de 
Vargas Zapata Lujan Ponce de Leon, Governor and Cap- 
tain-General. Re-validated in the year 1695. 

Alfonzo Rael de Aguilar. Also written "Alphonso" in 
this same document. 

* * To his excellency the governor and captain-general, I, 
the adjutant, Antonio Lusero de Godoy, alderman of this 
town of Santa Fe, and inhabitant of these provinces of 
New Mexico, native of the same, appear before your ex- 
cellency in the best form allowed me by law and say that 
in order to better continue in the community of this said 
town and in the royal service of his majesty, I need a 
tract for a house at the place where at present day I have 
a shanty standing in which I live, situate in the direction 
of the road to the pueblo of Tesuque, upon some low hills 
(lomas vajas) that are there together with the lands that 
surround them which on the north adjoin with a dry 
gulch (arroyo seco) that comes down from the mountains 
(sierra), and on the east they adjoin with the trail (ve- 
reda) that leads to the pueblo of Tesuque, and on the 
west with lands of the Sergeant Major Juan Lusero de 
Godoy, my father, and on the side of the river which is 



130 THE SPANISH AECHIVES OF NEW MEXICO 

to the south with lands of Alonso Maese and of Juan Gon- 
zales Lobon, upon all of which land there probably may 
be embraced about one-half fanega of corn and two of 
wheat, for in order that I may go there with my numerous 
family, it is a very [illegible, one word] portion of land 
I ask your excellency to be pleased to remember my 
services that I have rendered to his majesty, for since 
the time of the first entry made into this kingdom by 
General Don Diego de Vargas, I was the one to guide the 
fifty soldiers of the re-inforcements that his majesty gave 
him for making the conquest, and during the conquest I 
remained near to the person of the said general, as like- 
wise in the entry with the families. I was one of those 
who, not stopping to consider the danger of the winter, 
conveyed my family of my wife and children, they be- 
ing exposed to many discomforts such as are experienced 
in this kingdom and during all the conquests I always 
accompanied the said general at my own expense [one 
word illegible] as is public and notorious, and that I have 
not had any reward; and since your excellency repre- 
sented the king our lord, that you be pleased to attend 
to my services, and as the royal agent of him and having 
as you do all his authority, that you grant to me in his 
royal name what I ask, accepting my statement as true, 
which I swear to God, and by the sign of the holy cross, 
that it is as I have stated and only for the purpose of 
obtaining justice which I ask, and I implore the royal 
help of your excellency. ANTONIO LUCERO DE GODOY" 

PRESENTATION 

"In this town of Santa Fe, on the 30th day of the 
month of July, 1697, before me, Don Pedro Rodrigues 
Cubero, governor and captain-general of this kingdom 
and provinces of New Mexico, commander of its forces 
and garrisons, governor-elect and captain-general of the 
provinces of Macaibo, Merida, and La Gritta, proprietary 
commander of the castle of San Salvador at Punta of the 
city of Havana, for his majesty, the party stated, pre- 
sented it. Order. And I having seen it, accept it as pre- 
sented for what it may be worth in law, and in view of 
the services that he states to have rendered to his majesty 
in this said kingdom, I at once made him the grant that 
the petitioner asks of the lands stated in the name of his 
majesty, without prejudice to third parties who may have 
a better claim, which said lands and grants I give to the 
said Antonio Lucero in order that he may enjoy, settle, 
cultivate, and possess, his wife, children, and heirs, and 



THE SPANISH AECHIVES OF NEW MEXICO 131 

I command that this petition and grant made in favor of 
said Antonio Lucero the said party do take and present 
it before the cabildo, justices, and aldermen of this said 
town, in order that they in their archive a record may be 
made (se tome razon] that it may appear at all times, 
when that being done they shall return it in order that a 
title in due form may be issued to him, and that it may 
so appear I signed it with the undersigned secretary of 
government and war. PEDRO RODRIGUES CUBERO 

' ' Before me : DON ALONSO RAEL DE AGUILAR, 

" Secretary of Government and "War." 

"Immediately thereafter on said day, month, and year, 
in pursuance of what was provided by his excellency, the 
governor and captain-general, the cabildo, justices, and 
aldermen received it as presented for what it may be 
worth in law, and that it may so appear we signed it with 
the secretary of the cabildo on the date as above. 

' * It agrees with the original that remains in the archive 
of government and war of this said town, and it is true 
and certain according to the same; and at its correction 
and comparing Were present Cristobal de Gongora and 
Juan Antonio Ramos, and I, said secretary of cabildo, 
make my sign and customary rubric in testimony of the 
truth. MIGUEL TENORIO DE ALVA [rubric] 

"Secretary of Cabildo" 

Among other things it appears in this archive that Gen- 
eral De Vargas, in 1693, made his camp on the edge of a 
forest (monte ) known as ' ' Cuma. ' ' 

423 ANTONIO LUCERO DE GODOY. 

Grant. Land near Santa Fe, 1697. By Don Pedro Rod- 
riguez Cubero, Governor and Captain-General. Testi- 
monio certified to by Miguel Tenorio de Alva, Secretary 
of the Council. 

Antonio Lucero de Godoy says that he is the man who, at 
the time of the first expedition of De Vargas (1692) , guided 
the soldiers which the king had given De Vargas and that 
he also accompanied the expedition which brought the set- 
tlers from Mexico. 

ANTONIO MARTINEZ or LUCERO DE GODOY. 

Originally as surveyed this grant conflicted with the 
grant to the Taos Pueblo ; the title was confirmed by the 
court of private land claims and under the decree and 
survey the conflict was eliminated. The grant contains 
61,000 acres and was patented May 8, 1896. 



132 THE SPANISH AECHIVES OF NEW MEXICO 

424 JOSE CASTELLANOS to Bartolome Lobato. Santa 
Fe, August 8, 1701. 

Conveyance of house and land. Before Joseph Rodri- 
guez, Alcalde. Testimonio certified to by the Alcalde. 
This also mentions the Rio Chiquito. 

425 JUANA DOMINGUEZ to Bartolome Lobato. Santa 
Fe, August 14, 1701. 

Conveyance of house and garden. Before Joseph Rodri- 
guez, Alcalde. Lorenzo de Madrid, Joseph de Quintana. 
Says there is no notary within 270 leagues ; refers also to 
the Rio Chiquito. 

426 JUAN GONZALES to Jose Lopez. Bernalillo, No- 
vember 14, 1704. 

Donation of land. Before Diego Montoya, Alcalde. 
Juan de Uribarri, Baltazar Mata. 

427 EAMON GARCIA JUEADO to Bartolome Lobato. 
Santa Cruz, May 7, 1707. 

Conveyance of land. Before Alphonso Rael de Aguilar, 
Alcalde. Xpttobal de Gongora, Antonio Duran de 
Armijo. 

A deed for a piece of land at Santa Cruz de La Canada, 
the boundaries being "on the north side by the river of 
said town (Villa) on that of the south by the said town." 
This shows that when the Villa Nueva de Santa Cruz was 
reestablished by De Vargas in 1695, the same was on the 
south side ; the present town of Santa Cruz is located on 
the north side of the river. 

428 SEBASTIAN DE VAKGAS to Antonia de Leyba. San- 
ta Fe, August 25, 1710. 

Donation of house, lot and lands. Before Diego Arias 
de Quiros, Alcalde. Xpttobal de Gongora, Antonio Dun 
de Armijo. 

429 JUAN DE TOERES to Juan Lopez. Santa Fe, July 
1712. 

Conveyance of house and lot. Before Diego Arias 
Quiros, Alcalde. Pedro de Montesdoca, Joseph Mam 
Giltomey. 



THE SPANISH AECHIVES OP NEW MEXICO 133 

430 DIEGO MARTIN to Juana Lujan. Santa Cruz, April 
27, 1713. 

Conveyance of lands. Before Jacinto Sanches, Alcalde. 

JUAN GARCIA DE NORIEGA to Josefa Lujan. San- 
ta Fe, August 5, 1713. 

Conveyance of land. Before Juan Paez Hurtado, Al- 
calde. Juan Phelipe de Ribera, Pedro de Eoxas. 

431 ANTONIA BARELA DE LOSADA. 

Will. Santa Fe, June, 1712. Before Alphonso Rael de 
Aguilar, Alcalde. Juan de la Mora Pineda, Vsebio de 
Aguilar. 

433 BARTOLOME LOBATO. 

Grant. Situate on the Rio de Chama. 1714. Granted 
by Don Juan Ignacio Flores Mogollon, Governor and 
Captain-General. Possession given by Sebastian Martin, 
Alcalde. Re-validated in 1715 by Phelix Martinez, Gov- 
ernor; Miguel Thenorio de Alva, Secretary of Govern- 
ment and War. Roque de Pintto, Secretary of Govern- 
ment and War. Francisco de Carmona, Miguel de Quint- 
tana. 

434 ALEJO GUTIERRES to Antonio Lopez. Santa Fe, 
June 13, 1715. 

Conveyance of house and land. Before Juan Garcia de 
la Riva, Alcalde. Gabriel de Cabrera, Juan Manuel 
Chirinos. 

MARIA GUTIERRES to Alejo Gutierres. Santa Fe, 

August 7, 1712. 

Donation of the above land. Before Alphonso Rael de 
Aguilar, Alcalde. Miguel de Sandoval Martinez. 

435 BARTOLOME LOBATO. 

Re-validation of grant on the Chama by Governor Mogol- 
lon. No. 433, q. v. 

436 BARTOLOME LOBATO. 

With No. 433, No. 435, q. v. 

437 BARTOLOME LOBATO. SALVADOR DE SANTIE- 
STEVAN. ANTONIO TRUXILLO. ANTONIO DE 



134 THE SPANISH AECHIVES OF NEW MEXICO 

SALAZAE. XPTOBAL CEESPIN. NICOLAS 
GEIEGO. NICOLAS BALBEEDE. JUAN DE MES- 
TAS. 

Petition in regard to the calling in of their grants. Be- 
fore Juan Paez Hurtado, Visitador General. Nos. 433, 
435, 436, q. v. 

The grant to Antonio Trujillo is as follows : 
"To the Governor and Captain General: 

"Antonio Trujillo, resident of the new town of Santa 
Cruz, appears before your excellency in the manner most 
approved in law and convenient to me, and states that: 
I register a tract of land, which is wild and unsettled, on 
the opposite side of the Del Norte river, which I received 
as a grant in the name of his Majesty, from General Don 
Juan Flores Mogollon, and was placed in possession there- 
of by Captain Sebastian Martin, at that time senior jus- 
tice of said town, and upon which I made a ditch and 
plowed up a field, an examination of which was made on 
the 9th instant by Don Juan Paez Hurtado, lieutenant 
general of this kingdom; and its boundaries are, on the 
east a hill which joins the Del Norte river; on the west 
an angostura or narrow, which forms a table-land, with 
the Chama river; and on the north said table-land, and 
on the south the Chama river. Said lands your excel- 
lency will be pleased to regrant me anew, in the name of 
his Majesty, for myself, my children, heirs, and succes- 
sors, together with entrances and outlets, pastures, water 
and watering-places, rights, interests, customs, and ap- 
purtenances, thereunto belonging; directing royal pos- 
session to be given to me, compelling them to settle them 
within the time prescribed by law, in view of all which 
and whatever more I may set forth and may do in my 
own favor, and which I here express. 

"I pray and request your excellency, with the most 
sincere expression of submission, to be pleased to do and 
determine as I have requested ; and by so doing I wi 
receive grace and favor with justice. I swear that thi 
my petition is not made through malice. I implore roy 
aid and whatever may be necessary, etc. 

"ANTONIO TRUJILLO." 

"And seen by Don Juan Domingo de Bustamante, gov- 
ernor and captain-general of this kingdom. He consid- 
ered it as presented, and I grant to the person therein 
mentioned the grant of land he asks me for, in the name 
of his Majesty, for himself, his children and heirs, without 



id 
ill 

! 

V- 



THE SPANISH AECHIVES OF NEW MEXICO 135 

injury to any third parties who may show a better title; 
and I direct the senior justice of the new town of Santa 
Cruz to proceed to place him in possession of the afore- 
said lands, and in order that it may be a matter of record 
I have signed it at this city of Santa Fe, on the 8th day 
of the month of June, one thousand seven hundred and 
twenty-four. JUAN DOMINGO DE BUSTAMANTE." 

' ' At this place of Yunque, on the 20th day of the month 
of June, in the year one thousand seven hundred and 
twenty, I, the reformed Ensign Cristobal Torres, chief 
justice and war captain of the new city of Santa Cruz 
and its jurisdiction, proceed to give royal possession to 
Antonio Trujillo, as I am directed to do by his excellency ; 
and having arrived and examined the tract of land re- 
ferred to in his petition, I took him by the hand and 
walked with him over the land. He threw stones, pulled 
up grass, and cried out in a loud voice, as if the land was 
his, and in proof of possession which I gave him in the 
name of the king, our sovereign, (whom may God pre- 
serve,) and which he received quietly and peaceably, 
Domingo Montes Vigil and Diego Martin being instru- 
mental witnesses, and with the boundaries mentioned in 
his petition; and possession was given to him with the 
condition that he should settle it within the term pre- 
scribed by law. And in order that it may so appear, I 
signed as acting judge, with the undersigned as attend- 
ing witnesses, on said day ut supra. 

" CRISTOBAL TORRES. 
" Attending: 

1 ' MIGUEL A. QUINTANA. ' ' 

It will be seen that the place called Yunque, the site of 
Onate's capital, was inhabited one hundred and sixteen 
years after the capital was removed to Santa Fe. 

438 XPTOBAL CEESPIN to Miguel Lujan. Santa Fe, 
October 25, 1718. 

Conveyance of a house and lot. Before Francisco Bueno 
de Bohorques y Corcuera, Alcalde. Diego Arias de 
Quiros, Juan Manuel Chirinos. 

439 JOSEPHA SEDANO to Cayetano Lobato. Santa Fe, 
March 20, 1722. 

Conveyance of a house and lands. Before Francisco 
Bueno de Bohorques y Corcuera, Alcalde. Pedro Lopes 
Gallardo, Gregorio Garduno. 



136 THE SPANISH AECHIVES OF NEW MEXICO 

440 MIGUEL DE LA BEGA Y COCA and MAEIA MON- 
TOYA to Maria Josepha Lopes. April 17, 1727. 

Conveyance of house and lands. Before Diego Arias de 
Quiros, Alcalde. Manuel Thenorio de Alva, Juan Manuel 
Chirinos. 

441 JOSEPH DE LEYBA. 

Land situate near Santa Fe. Made by Bustamante, Gov- 
ernor. Possession given by Diego Arias de Quiros, Al- 
calde. Juan Manuel Chirinos, Juan Joseph Lobato. 

The boundaries to this grant were : on the east by the 
San Marcos road, on the south by an arroyo called Cuesta 
del Oregano, on the west by land of Juan Garcia de la 
Bivas, and on the north by the lands of the Captain Se- 
bastian de Vargas. 

Juan Garcia de las Kivas was the son of the Captain 
Miguel Garcia, who was the owner of the sitio of the old 
pueblo of the Cienega. The Cuesta del Oregano was 
south and east of the Ojo del Coyote. The grant was 
held by the court of private land claims to have been 
an imperfect one; made as it was in 1728, it fell under 
the requirements of the Royal Ordinance of 1754, which 
provided that all grants made subsequent to 1700, unless 
already confirmed by royal order of the king or his vice- 
roys, or presidents of the Audiencias of the several dis- 
tricts embracing the lands granted, should apply for such 
confirmation as a prerequisite to validity. 

Jose de Leyba had a son, Simon de Leyba, who likewise 
had a son, Salvador Antonio, who had a son, Juan Angel 
Leyba, who had a son, Salvador Leyba; having been 
kicked by a mule, and fearing death, made his will and 
in this instrument, it is recited that this grant had been 
made to his father Joseph by the king. Juan Angel 
Leyba was killed by the Navajos near the Coyote Spring. 

The sitio of the old pueblo of the Cienega was granted 
by General de Vargas to Bernabe Jorge ; one of the bound- 
aries of this old pueblo was the Pefiasco Blanco de las 
Golondrinas. The word * ' Oregano ' ' means marjoram. 

Upon this tract of land are located the celebrated tur 
quoise mines the Chalchuitl of the Pueblo Indians. 

In the testimony relative to the boundaries of this gran 
an interesting deed, made in 1701, was introduced in evi- 
dence : containing as the deed does, certain terms, dealing 
with matters of taxation, fees, etc., the deed is given in 
full: 

"At the Villa of Santa Fe on the twelfth day of March, 



a 

; 



THE SPANISH AECHIVES OF NEW MEXICO 137 

one thousand seven hundred and four, before me Captain 
Juan Paez Hurtado, war lieutenant and captain-general 
of this Kingdom, acting as Juez Receptor with two at- 
tending witnesses, appeared Miguel Garcia de la Riba, 
resident of this city, and said that he was giving and 
gave in royal sale, the sitio of the old Pueblo of Zienega, 
in favor of his son, Juan Garcia de la Riba, for the price 
of one hundred dollars of the money of the country, 
that said Miguel Garcia de la Riba had by sale from 
Joseph Castellanos and that its boundaries are on the 
north the watershed of La Zieneguilla, on the East the 
Penasco Blanco (White Rock) de las Golondrinas, on 
the South the Canada of Juana Lopez, on the West Las 
Boquillas, and renounces the laws of NON NUMERATA 
PECUNIA and those of the DUBUS RES DE VENDI 
and AUTENTICA PRE FIDE JUROBUS so that as his 
own property, the said grant of the old Pueblo of Zienega, 
he can exchange and transfer it or use the same at his 
own pleasure, and empowering the court of His Majesty 
with all rigor of law to compel him to comply with the 
provisions contained in this document, and that if at 
any time he should bring suit, the said Miguel Garcia de la 
Riba, he shall not be heard in Court nor out of it, and as 
a guaranty he pledges his person and personal and real 
property he may now have or might have; and the said 
Miguel Garcia de la Riba further states that of the re- 
mainder he makes, grants, gives and donates pure and 
perfect which the law calls INTERVIVOS : To have and 
to Hold he so executed and signed the same the said 
grantee, Miguel Garcia de la Riba, together with myself 
and my assisting witnesses who were Mateo Trujillo and 
Jose Franco de la Barreda, both citizens [torn] of this 
city, and of [torn] the party I delivered this orig. [torn] 
in the power of the purchaser [torn] on ordinary blank 
paper [torn] there being no sealed paper [torn] parts. 

' * MGL GARCIA DE LA RIBA 
' ' Testigo de Asistencia 

1 ' JOSE FRANCO DE LA BARREDA 

"Ante mi como Juez Receptor Testigo de Asistencia 
' ' JUAN PAEZ HURTADO MATEO TRUGILLO ' ' 

The Non Numerata Pecunia meant: Not in Ready 
Money. 

442 LUIS LOPES. 

Will. Canada, October 27, 1728. Before Diego Arias de 
Quiros, Alcalde. Juan Joseph Lobato, Juan Manuel 
Chirinos. 



138 THE SPANISH ARCHIVES OF NEW MEXICO 

443 NICOLASA MONTOYA by her husband BARTO- 
LOME GUTIERRES to Maria Josepha Lopez. San- 
ta Fe, February 15, 1729. Conveyance of land. 

Before Diego Arias de Quiros, Alcalde. 

444 JUAN LUJAN to Agustin Lobato. Santa Fe, August 
16, 1738. 

Before Antonio Montoya Alcalde. Conveyance of land. 
Juan Manuel Chirinos. 

A description of land lying "between the big river and 
the little'' "entre el Rio Grande y el chico," meaning 
the Rio Santa Fe and the Rio Chiquito. 

445 JUAN CAYETANO LOBATO. 

Piece of land on the other side of the Santa Fe river. 
Don Gaspar Domingo de Mendoza, Governor and Cap- 
tain-General. Antonio de Hulibarri, Alcalde. Gregorio 
Garduno. 

446 FELIPE RODRIGUEZ to Manuel Lopez (Lohpes). 
1751. 

Conveyance of land in Santa Fe, called Buena Vista. 
Manuel Gallegos, Alcalde. Pedro Tafoya, Lucas Miguel 
de Moya. 

447 ISIDRO MARTIN to Geronimo Lopez. 1753. 

Conveyance; land in Santa Fe. Manuel Gallegos, Al- 
calde. Pedro Tafoya, Lucas Moya. 

448 MARCOS RODRIGUEZ to Joseph Losano. Santa Fe, 
1762. 

Conveyance of land. Manuel Gallego, Alcalde. Juan 
Antonio Orttis, Pedro Antonio Tafoya. 

449 JUAN MANUEL SANDOBAL to Juan Jose Luxan. 
Santa Fe, 1764. 

Conveyance of land. Francisco Guerrero, Alcalde. 
Diego Antonio Marquez, Thomas Casillas, Francisco 
Xavier Fragoso. 

450 BARTOLOME TRUXILLO to Joseph and Antonio Lu- 
cretio Martin. Abiquiu, 1764. 

A tract of land; part of a grant to vendor. Juan Pablo 
Martin, Alcalde. Joseph Gomes, Antonio Gomes. 



THE SPANISH AKCHIVES OF NEW MEXICO 139 

451 JOSE LOSANO vs. JUAN DE URIOSTL Santa Fe, 
1764. 

Questions as to boundaries of a piece of land donated to 
the grandfather of complainant, Miguel de la Cruz, by 
Sebastian de Vargas, Armero. Francisco Guerrero, Al- 
calde. Antonio Dominguez, Vicente Sena. 

52 MARIA MANUELA, widow of Juan Losano. 

Will. Santa Fe, 1765. Francisco Guerrero, Alcalde. 
Joseph Mares, Joseph Miguel Garduno. 

453 FRANCISCO LOBATO to Agustin Lovato. Santa 
Fe, 1765. 

House and lot. Francisco Guerrero, Alcalde. Lucas 
Moya, Juan Francisco Nino Ladron de Guebara. 

Describes a piece of land between the Rio Chiquito and 
the Rio Grande, in Santa Fe. 

454 MIGUEL LUCERO, Alcalde-mayor of Alburquerque. 

Will. 1768. Also inventory and partition proceedings. 
Juan Cristobal Sanches, Alcalde. Bartolome Olguin, 
Tomas Veles Cachupin, Governor. Felipe Silba, Juan 
Francisco Baca, Carlos Fernandez, Joseph Maldonado. 

455 ANTONIO ORTEGA to Geronimo Lopez. Santa Fe, 
1768. 

Conveyance of land. Phelipe Tafoya, Alcalde. Joseph 
Miguel Tafoya, Lucas Moya. 

456 MANUELA BRITO to Simon de Leiba. Santa Fe, 
1769. 

House and lot. Phelipe Tafoya, Alcalde. Joachin Lain. 
In 1767 Don Felipe Tafoya was an alcalde at Santa Fe; 
he states, in a petition signed by him as attorney for Don 
Diego Antonio Chavez and Don Pedro Chavez, that he is 
the legitimate son of Antonio Tafoya, formerly ensign of 
the Santa Fe garrison and one who reconquered the coun- 
try with Diego De Vargas, and that his father served in 
the royal armies until 1747, when he lost his eye-sight; 
that he also had served ten years; that he had asked for 
the Chavezes and himself a piece of land in the Rio 
Puerco country which had been refused by Don Tomas 
Velez Cachupin, at the time governor. This governor, on 
December 3, 1766, addressing himself to the petition which 
Tafoya had filed says: "If these parties have not had 



140 THE SPANISH AECHIVES OF NEW MEXICO 

any land or grant whereon to pasture their animals, they 
might have joined the new settlements of San Miguel de 
Laredo and that of San Gabriel de las Nutrias . . . 
But these parties doubtless experienced fear, as the said 
places were on the frontier and as they lacked courage 
for their establishment, and they have registered the tract 
they mention because it is in the peaceful region of the 
Navajo country. They may occupy the same while the 
natives (Navajos) do not object." They were enjoined 
to treat these "Apache Navajos" "with the greatest love 
and kindness, to win them over and treat them well, so as 
to keep them in amity with us, and so that in the course 
of time, and showing them good examples and Christian 
conduct, they may be brought to the holy Catholic faith. ' ' 
Captain Bartolome Fernandez says of the Navajos in 
that section of the country: "Owing to their dread of 
the Utes, the Apaches (Navajos) make their houses on the 
highest and roughest parts of the Mesas." 

457 GERONIMO LOPEZ. 

Will, Santa Fe. No date. Phelipe Tafoya, Alcalde. Jo- 
seph Armenta. 

458 ISABEL LUJAN. 

Will, Santa Fe, 1771. Manuel Garcia Pareja, Alcalde. 
Antonio de Armenta. 

459 JUANA DE OJEDA BENAVIDES to Francisco Lu- 
jan. 1772. 

Donation of a tract of land on the Tesuque river. Man- 
uel Garcia Pareja, Alcalde. Joseph de Armenta. 

460 ANTONIO JOSEPH LOPEZ and MATHIAS THE- 
NOEIO DE ALBA vs. MIGUEL THENOEIO DE ALBA. 
1772. 

Question of lands at the Cienega. Don Pedro Fermin de 
Mendinueta, Governor. Antonio Moreto, Mateo de Pen- 
arredona. 

461 MAEIANA DE LA PAZ to Joseph Manuel Lovato. San- 
ta Fe, 1769. 

Conveyance; house and lot. Phelipe Tafoya, Alcalde. 
Joseph Miguel Tafoya. 



THE SPANISH AECHIVES OF NEW MEXICO 141 

462 ANTONIO DE LUNA. Intestate. 1786. 

Proceedings in the matter of his estate. Don Juan Bau- 
tista de Anza, Governor. Vicente Troncoso. Manuel de 
Arteaga, Alcalde. Juan Francisco Baca, Juan Miguel Al- 
bares del Castillo. Don Tomas Veles Cachupin, Governor. 
Antonio Villegas Ruiz, Francisco Perez Serrano, Manuel de 
Arteaga, Miguel Gabaldon, Cristobal de Larranaga, Man- 
uel Antonio Lorenz, Bautista Montafio. Antonio Jose 
Ortiz, Alcalde. 

Bonifacio Jollanga (Joyanaga) to Domingo de Luna. 
Alburquerque, 1747. A piece of land in the San Clements 
Tract. Joseph Baca, Alcalde. Joseph Gallego, Isidro 
Sanches, 

Antonio Gallego, alias El Collate, to Domingo de Luna. 
Land in the San Clemente Tract. 1748. Joseph Baca, 
Alcalde. Isidro Sanchez, Manuel Carillo. 

Bonifacio Jollanga (Joyanga) to Domingo de Luna. 
1748. Land in the San Clemente Tract. 1748. Joseph 
Baca, Alcalde. Isidro Sanches. Reported Claim No. 67, 
q. v. Ana de Sandoval y Manzanares, or LOS LUNAS 
Tract. 

Domingo de Luna was lieutenant of the militia com- 
pany at the town of Tome, in 1766. De Luna sold to 
Don Pedro Martin Serrano all his right to what is known 
as the Piedra Lumbre Tract. Governor Tomas Veles 
Cachupin granted the tract to Serrano, he being a de- 
scendant of the first settlers of the Province. It appears 
in the granting papers that the Indians of the pueblo of 
Abiquiu were requested to be present at the time pos- 
session was given to Lieutenant Pedro Martin Serrano, 
who was a lieutenant of militia of the district of Chama. 

In the year 1716, Ana De Sandoval y Manzanares asked 
for this tract, petitioning Governor Phelix Martinez to 
that effect and stating that "when the Marquis de la Nava 
Brazinas, whom may God keep in Glory, was governor and 
captain-general of this province, brought us hither in the 
year ninety-two for its settlement" he had promised to 
give to each one of the "native citizens of this province 
who might come to settle and pacify the same, the tracts 
of land and fields, and stockraising ranches that we aban- 
doned in the year eighty on account of the powerful in- 
surrection." She was the widow of Bias de la Candela- 
ria and asked for the place called ' ' San Clemente, which 
I inherited from my father, deceased, Mateo de Sandoval 
y Manzanares. ' ' 



142 THE SPANISH AECHIVES OF NEW MEXICO 

The grant was made and she was placed in possession 
by Don Antonio Gutierrez, chief alcalde and war-captain 
of the Villa de Alburquerque, in the presence of Don An- 
tonio de Chaves and Baltazar Romero; possession was 
given actually to Felix de la Candelaria, son of his 
mother, the petitioner; the land was bounded on the east 
by the Rio del Norte, on the west by the Rio Puerco; on 
the south by the house of Tome Dominguez, and on the 
north by a ruin that is a little above the pueblo of San 
Clemente. 

Those who returned with De Vargas were required to 
claim and occupy the possessions which had been aban- 
doned in 1680 and to obtain from the government a rec- 
ognition of the renewal of title before possession could 
be given. 

463 FEANCISCO VIGIL to Bernardo Lucero. 1793. 

Land in Las Trampas Tract. 

464 CAPTAIN DIEGO DE TORRES, BARTOLOME TRU- 
JILLO, ANTONIO DE SALAZAR, MANUEL VAL- 
ERIO, and MANUEL MARTIN, legal representatives 
of Cristobal de Torres. 

Petition relative to a tract of land of the estate of the said 
Cristobal de Torres, in Chama. Incomplete. 

465 FRAY JOSEPH MEDRANO to Maria Dolores and 
Mariano, two children lie had raised. 

Land in Alameda. Antonio de Armenta, Alcalde ; Benito 
Lucero. 

GERTRUDIS CASTELA, or Juana Gertrudis Castela vs. Mig- 
uel Baca and Juan Antonio Baca. 1794-5. Question of 
lands at Alameda. Nerio Antonio Montoya, Alcalde ; An- 
tonio Jose Ortiz, Alcalde; Fernando Chacon, Governor; 
Tomas Manuel Montoya ; Antonio de Armenta, Alcalde. 

466 ANTONIO DE LUNA. 1811. 

Question of land with Ventura Chaves. Papers incom- 
plete. 1816. Further proceedings in the same matter. 
Manrique, Governor; Allande, Governor; Jose Antonio 
Chaves; Francisco Ortiz. 

San Clemente Tract. Ana de Manzanares de Sandoval. 
Reported Claim No. 67. 

According to the first survey of the San Clemente 
Grant, made in 1878, the grant contained more than 89,- 



THE SPANISH ARCHIVES OP NEW MEXICO 143 

000 acres. It was confirmed by the court of private 
land claims and under another survey contained an area 
of about 37,000 acres. The last survey adjoins on the 
east the western boundary of the property commonly 
called "Lo de Padilla," which is claimed by the Indians 
of the pueblo of Isleta. The San Clemente was patented 
November 15, 1909. 

57 BERNARDO LUCERO vs. MAURILO BARGAS. 

1820. 

Question of land in Las Trampas de Taos. Facundo Mel- 
gares, Governor; Marcos Garcia, Alcalde; Juan de Dios 
Pena; Antonio Jose Ortiz, Alcalde. 

FRANCISCO VIGIL to Bernardo Lucero. 1793. Land in 
Rancho de Las Trampas. Testimonio certified by Juan 
de Dios Pena, Alcalde. 

BERNARDO LUCERO. 1820. 

No. 467, q. v. No. 467 also for signatures of the members 
of the Ayuntamiento de Taos, q. v. 

>9 ANTONIO ANALLA and JOSE SANDOVAL to Juan 
Jose Lujan. 1827. 

Land in the Canon of the Santa Fe river granted to San- 
tiago Ramirez. Juan Vigil, Alcalde; Luis Benavides; 
Juan Diego Sena. 

Santiago Ramirez was a brother of Jose Serafin Ramirez, 
whose full name was Jose Serafin Ramirez y Casanova. He 
was a native of Chihuahua. 

470 JUAN LUCERO. 

Will, Santa Fe, 1827. Joseph Maria Martinez, Alcalde. 
Jose Vitervo Ortiz, Domingo Fernandez. 

471 MARIA FRANCISCA LOVATO. 

Will, Santa Fe, 1830. Jose Ignacio Ortiz, Alcalde. Ben- 
tura Montoya, Victorino Padilla. 

472 JOHN S. LANGHAM vs. the Ayuntamiento of Santa 
Fe. 1837. 

In regard to fencing the Cienega. Albino Perez, Gover- 
nor. J. M. Alarid, Secretary. Juan Garcia, Alcalde. 

473 ANTONIO LERUD (Antoine Leroux). 1844. 

Grant. Land in Los Voiles de Santa Getrudis de lo de 
Mora. Law of April 30, 1842. Articles 13 and 15, q. v. 



144 THE SPANISH AECHIVES OF NEW MEXICO 

Tomas Ortiz, Alcalde. Mauricio Duran, Miguel Antonio 
Lobato. 

Antoine Leroux was the grantee of a grant of that 
name. All of the grant to the pueblo of Picuries is in- 
cluded within the limits of this grant. There is no con- 
flict with the survey of the Taos Pueblo Grant which lies 
only a short distance to the east. 

In 1905-1907 another survey was made and the new 
survey makes a conflict with the Taos Grant while not in- 
terfering with the Picuries. 

474 CAEMEN LEYBA to Antonio Sena. Santa Fe, 1844. 

House and' lot. Tomas Ortiz, Alcalde. 

475 ANTONIO SANCHEZ, alias el Chopo vs. JULIAN 
LUCEBO. 1844. 

Question of lands in Rio Arriba county. Diego Lucero, 
Juez de Paz, Jose Sanchez. Santiago Flores, Judge of 1st 
Instance. 

476 EOQUE MADEID. 

Grant. 1693. Land at Pueblo Quemado, at or near 
Santa Fe. Don Diego de Vargas Zapata Lujan Ponce de 
Leon, Governor. (Seal.) Antonio Balverde Cossio, Sec- 
retary. 

Refers to a tract of land near Santa Fe, one of the 
boundaries of which was the "Pueblo Quemado"; another 
the "Ojo fresco." 

The coat of arms of General De Vargas is stamped on 
this archive. 

477 DOMINGO MAETIN. 

Grant. Santa Fe, 1695. Don Diego de Vargas Zapata 
Lujan Ponce de Leon, Governor. 

478 LUIS MAESE. 

Grant. Santa Fe, 1695. Don Diego de Vargas Zapata 
Lujan Ponce de Leon, Governor. 

A tract of land in Santa Fe "el qual sitio esta en 
Villa en el pueblo quemado, con solar de casa y huerta 
media fanega de sembradura asta el arroio." 

479 DOMINGO MAETIN and ANA LUJAN. Santa Ft 
1705. 

Compromise in the matter of a grant made to them 
Governor de Vargas. Francisco Romero de Pedraza, 



THE SPANISH AECHIVES OF NEW MEXICO 145 

calde. Joseph de Atienza Alcala y Escobar. Joseph de 
Contreras. 

ALEXO MARTIN and his wife Maria de la Roche to 
Jose Castellanos. Santa Fe, 1701. 

House and land. Testimonio certified by Xptobal de Gon- 
gora, Clerk of the Cabildo. 

ANTONIO MONTOYA vs. SALVADOR MATHIAS 
DE RIBERA. 

Question of lands. Santa Fe, 1704. El Marques de la 
Naba de Brazinas, Lorenzo de Madrid, Joseph Manuel Gil- 
tomey, Antonio de Aguilera Isasi, Alphonso Rael de 
Aguilar. Juan Paez Hurtado, Alcalde. Xpttobal de 
Arellano, Antonio Lucero de Godoy, Xpttobal de Gon- 
gora. 

482 RAMON GARCIA JURADO to Captain Felix Mar- 
tinez. Santa Fe, 1706. 

House and land. Diego Arias de Quiros, Alcalde. Juan 
de Ulibarri, Alphonsso Rael de Aguilar. 

i 483 FELIX MARTINEZ to Diego de Bectia. Santa Fe, 
1706. 

House and land. Diego Arias de Quiros, Alcalde. An- 
tonio Duran de Armijo, Xpttobal de Gongora. 

ANA LUJAN. Santa Fe, 1700. 

Re-validation of her grant. Pedro Rodriguez Cubero, 
Governor. Domingo de la Barreda, Secretary. Ana Lu- 
jan to Diego de Vectia, Santa Fe, 1701. House and land. 
Testimonio. Certified to by Joseph Rodriguez, Alcalde. 

Diego de Vectia to Francisco Rico. Santa Fe, 1703. 
House and land. Lorenzo de Madrid, Alcalde. Xpttobal 
de Gongora, Juan de Chabes. 

Diego de Vectia to Martin Garcia, Santa Fe, 1702. 

Land. Testimonio ; Certified by Joseph Rodriguez, Al- 
calde. Martin Garcia. 1702. Conveys to Maria de la 
Encarnacion. Francisco Rico to Captain Felix Martinez. 
Santa Fe, 1705. House and land. Juan de Ulibarri, Al- 
calde. Francisco Belarde, Matheo de la Peiia. 

484 JOSEPHA LUJAN to Sebastian Martin, 1707. 

Rancho above San Juan de los Caballeros. Granted to her 
deceased husband by the Marques de la Naba Brazinas. 
Alphonso Rael de Aguilar, Alcalde. 



146 THE SPANISH AECHIVES OF NEW MEXICO 

485 EOQUE MADRID vs. SYLVESTEE PACHECO. 
Santa Fe, 1708. 

No action taken. Rubric of the Marques de la Penuela. 

486 EOQUE MADEID vs. SYLVESTEE PACHECO. 
Santa Fe, 1708. 

No final action. Joseph Chacon Medina Villasenor, Mar- 
ques de la Penuela. Gaspar Gutierres de los Rios, Sec- 
retary. 

487 SILVESTEE PACHECO to Antonio Montoya. San- 
ta Fe, 1708.- 

Land about a league down the river (Rio Santa Fe). 
Ignacio de Roibal, Alcalde. Alphonso Rael de Aguilar, 
Francisco Ignacio Gomez Robledo. 

Describes a tract of land about one league down the river 
from Santa Fe and which extended from a cottonwood tree 
to the Pueblo Quemado. 

488 EOQUE MADEID vs. SYLVESTEE PACHECO. 
Santa Fe, 1708. 

Compromise. Ignacio de Roibal, Alcalde. Antonio Mon- 
toya. 

489 MAGDALENA DE OGAMA to Salvador Montoya. San- 
ta Fe, 1711. 

Land. Diego Arias de Quiros, Alcalde. 

Describes a piece of land on the west side of the prin- 
cipal plaza at Santa Fe, which land, on the north side, ad- 
joined the main ditch which ran along the edge of this 
fortress and castle. 

490 FEANCISCO MAETIN vs. CEISTOVAL MAETIN, 
1711-1712. 

Question of lands in Rio Arriba. El Marques de la Pen- 
uela, Miguel Thenorio de Alva, Manuel Ramon Ipalenzia, 
Xpttobal de Gongora. Juan de Ulibarri, Alcalde. Juan 
de Atienza, Jose Manuel Giltomey, Francisco Montes y 
Vigil, Francisco de Rivera (Derrivera), Miguel de Dias 
(Dios). Roque Madrid, Alcalde. Juan Paez Hurtado, 
Teniente de Gobierno and Captain-General. Juan Ig- 
nacio Flores Mogollon, Governor. Roque de Pintto, Sec- 
retary of Government and War. 



THE SPANISH AECHIVES OF NEW MEXICO 147 

491 ANTONIA DE MORAGA vs. JUANA DE SOSA CANE- 
LA. Santa Fe, 1713. 

Question of a piece of land in the Cienega. Juan Ignacio 
Flores Mogollon, Governor; Eoque de Pintto, Secretary; 
Antonio Duran de Armijo ; Eoque Madrid ; Pedro Rodri- 
guez Cubero, Governor; Juan Paez Hurtado, Alcalde; 
Tomas Jiron de Texeda ; Xpttobal de Arellano ; Domingo 
de la Barreda, Secretary. 

Don Diego de Vargas Zapata Lujan Ponce de Leon, 
Governor. Miguel de Quintana. Two signatures; differ- 
ence in them ; q. v. 

In the depositions of two witnesses reference is made to 
the "church which is now (1713) being built in Santa Fe." 

492 MATEO DE ORTEGA to Manuel Martin. Santa Fe, 
1712. 

Land at Chimayo. Manuel Albares Castrillon, Xpttobal 
de Gongora, Diego Arias de Quiros, Alcalde. 

493 GONZALO JOSEPH HOYO DE MENDOZA. Fran- 
cisco Bueno de Bohorques. Alphonso Eael de Aguilar. 

Registration of a mine in Rio Arriba. 1713. Don Juan 
Ignacio Flores Mogollon, Governor. 

494 CLEMENTE MONTOYA. 

Will. Santa Cruz de la Canada.. 1753. Testimonio. 
Certified by Juan Joseph Sandoval, Alcalde. 

495 FRANCISCA DE MISQUIA. 

Will. Santa Fe, 1714. Francisco Joseph Bueno de Bo- 
horques, Alcalde. Miguel de Sandobal Martinez, Juan 
Manuel Chirinos. 

496 ANTONIA DE MOEAGA vs. XPTTOBAL and FRAN- 
CISCO MAKTIN. 

Question of boundaries of land at Chimayo. Ignacio de 
Eoybal, Alcalde; Francisco de Eibera; Francisco de la 
Mora; Mogollon, Governor. 

497 FRANCISCO DE ANAYA ALMAZAN. 

Grant, 1693. Eeported Claim No. 115, q. v. 

498 ANTONIO GODINES to Pedro Montes de Oca. 

House and lot. Francisco Joseph Bueno de Bohorques, 



148 THE SPANISH AECHIVES OP NEW MEXICO 

Alcalde; Juan de la Mora Pineda; Diego Marques de 
Ayala. 

Description of a house on the main street of Santa Fe as 
follows : "En la, Calle Real que ba de la plaza a la Yglesia 
nueba q se esta fabricando." 

499 FEANCISCO MONTES T VIGIL and wife to Maria 
Vigil, et al, 1715. 

Donation of cattle. Alphonso Rael de Aguilar, Antonio 
Duran de Armijo, Juan de la Mora Pineda. 

The /translation appearing below appeared first in the 
Land of Sunshine, vol. viii, no. 3, February, 1898, at the 
time edited by Dr. Charles F. Lummis: 
"Letter from Fr. Antonio Duran de Armijo 
1 ' Sir Governor and Captain General My Lord : 

' ' I report to your Lordship how this day and date seven 
Cumanches entered this Pueblo; among them the Cap- 
tain Panfilo. They tell me they have come in quest of 
tobacco; that their village is composed of a hundred 
lodges, pitched on the Jicarilla river, where they are 
tanning (buffalo) hides, so as to come in and barter as 
soon as the snow shall decrease in the mountains. This 
is what they tell me. There is nothing else to report to 
your Lordship, whom our Lord Preserve for many years. 
Taos, Feb. 27, 1748. I kiss the hand of Your Lordship. 
Your humble servant. ANTONIO DURAN DE ARMIJO. 

"Since the above was written one Cumanche of the 
seven who have come, has related to me in the house of 
Alonzito that 33 Frenchmen have come to their village 
and sold them plenty of muskets in exchange for mules; 
that as soon as this trade was made, the Frenchmen de- 
parted for their own country, and that only two remain 
in the village to come in with the Cumanches when they 
come hither to barter." 
"Opinion of the Governor 

"Most Excellent Sir: By the testimony subjoined, 
which is from the original letter containing it, which the 
sovereignty of your excellency will please to see, it ap- 
pears that forty leagues distant, more or less, (according 
to some settlers) from the Pueblo of San Geronimo de 
Taos, there are pitched a hundred lodges of the hostile 
Gentiles, of the Cumanche nation; and that seven of 
these Indians arrived at the above mentioned Pueblo 
(Taos) with the news that 33 Frenchmen were, some days 
before, on the said Jicarilla river, where are the aforesaid 






THE SPANISH ARCHIVES OF NEW MEXICO 149 

one hundred lodges; which Frenchmen sold to the afore- 
said Cumanches plenty of muskets in exchange for mules. 
And soon as this barter was effected, said Frenchmen de- 
parted for their own country, only two of them remain- 
ing in the village of the Cumanches to come in with them 
to trade in the Pueblo of Taos; as these hostile savages 
have done on other occasions. And since it is to be feared 
that if these Frenchmen insinuate themselves into this 
Kingdom they may cause some uprising as was at- 
tempted by a Frenchman named Luis Maria, who with 
eight of his own nation entered this Kingdom in the 
former year of 1742, coming by the same route of the 
Jicarilla to the Pueblo of Taos and for it was shot in the 
public square in this Capitol town of Santa Fe, in virtue 
of sentence by the superior government of this New Spain ; 
and in the said year, seven of these nine Frenchmen re- 
turned to their country by a different route from that by 
which they came here; and it is very natural that, re- 
maining several months in this Kingdom, they should 
learn the 'lay of the land' and its circumstances. One 
of them, named Juan de Alari, has remained in this said 
town, is married and has children, comporting himself 
honorably as a man of substance. 

"Likewise I give account to Your Excellency that in 
the month of June, of the year 1744, a Frenchman by the 
name of Santiago Velo, penetrated this Kingdom and ar- 
rived at the Pueblo of Our Lady of the Porciuncula of 
Pecos. As soon as I received the news, I despatched the 
sargent and two soldiers to bring him to me in this Town 
(Santa Fe), where I took his declaration. And without 
the knowledge of any person I forwarded that declaration 
To The Most Excellent Sir Count of Fuenclara, your excel- 
lency's predecessor (as viceroy of Mexico) along with the 
judicial procedures duly had thereon. Of this French- 
man's whereabouts I have had no further information, 
save what was given me by the Captain of the Eoyal Gar- 
rison at El Paso, on the Bio del Norte (Rio Grande), 
whose receipt I hold, acknowledging have sent him to the 
Governor of New Biscay. 

"Most Excellent Sir: By the zeal which assists me in 
the service of their Majesties (the King and Queen of. 
Spain) and for the tranquility, peace and well being 
of the poor dwellers in this said Kingdom (let me say). 
Noting that it is wholly surrounded by various nations 
of hostile savages, who harrass it; and particularly how 
numerous and warlike are the Cumanches, whose regular 



150 THE SPANISH AECHIVES OF NEW MEXICO 

entrances to this Kingdom are by way of the Jicarilla 
river and that on these two occasions the French have 
likewise penetrated by the same route, this last time join- 
ing the Gentile Cumanches on the aforesaid Jicarilla 
river there is reason to fear some conspiracy. This 
would be irreparable, by the slight military forces that 
are in this said Kingdom for its defense. Particularly 
as the said Gentile Cumanches now find themselves with 
fire-arms, which the French have sold them, as hereinbe- 
fore ^et forth. I remind your Excellencies high compre- 
hension that in the by-gone year, 1720, when Don An- 
tonio Valverde was governor of this Kingdom he ordered, 
under superior mandate of his Lordship, the then viceroy 
of this New Spain, that a force of soldiers, settlers and 
Indians should go to reconnoitre where the French were 
located. But the French ambushed our said force and 
killed more than thirty of them, soldiers, settlers and In- 
dians, besides wounding several who reached this said 
town. For which reason, and many others which I omit, 
that I may not weary your Excellency 's attention, I deem 
it very fitting and necessary that your Excellency 's great- 
ness order the establishment of a garrison with the en- 
dowment of fifty mounted soldiers, including captain and 
subaltern officers at a point called the Jicarilla, distant 
from the said Pueblo of Taos twenty leagues. This loca- 
tion is very convenient, as to lands, water, pasturage and 
timber. Here were located, in times past, the Indians of 
the Jicarilla nation (a branch of the Apaches), who were 
numerous and had houses, palisade huts and other shel- 
ters. Thence the Gentile Cumanches despoiled them, kill- 
ing most of them ; the few that remained of said Jicarillas 
have sheltered and maintained themselves in peace nearby 
the Pueblos of Taos and Pecos, with their families. Said 
site of the Jicarilla is the pass (or defile) ; literally 
'throat' (for shutting of the aforesaid populous nation of 
Cumanches and the French, if they tried to make any 
entrance to this said Kingdom. 

"Furthermore, I notify your Excellency of the hap- 
penings in the Pueblo of Our Lady of the Porciuncula 
of Pecos, on the twenty-first of January last past. Which 
whole affair is established by the accompanying deposi- 
tion of the Rev. Fr. Lorenzo Antonio Estremera, an eye- 
witness of it all, which I forward. In view of which, 
your Excellency will please approve the action taken by 
me in said engagement, or give such orders as shall be in 






THE SPANISH ARCHIVES OF NEW MEXICO 151 

your Excellency's pleasure. This is how it has seemed to 
me; especially, as I have said, to represent to your Ex- 
cellency its expediency. This is my duty, that the sover- 
eign will of your Excellency may determine with your 
great equity, as shall seem best to you, which will be, as 
always, the best way. 

"Villa de Santa Fe, New Mexico, March 4, 1748. 

"DON JOAQUIN CODALLOS Y RABAL," 

This copy agrees with the original deposition, letter and 
opinion which I, the Colonel Don Joaquin Codallos y 
Rabal, governor and captain-general of this kingdom of 
New Mexico, have forwarded to the superior government 
of this New Spain. The witnesses who saw it drawn, 
corrected and compared were Sebastian de Apodaca, 
Lucas Miguel de Moia, and Domingo Valdez; and that it 
be certain, I have signed it in this Villa de Santa Fe, 
March 6th, 1748 ; acting as actuary with the witnesses of 
my staff, for want of a notary public or royal notary 
whereof there is not one in this kingdom. I pledge my 
faith. 

In witness of the truth I have signed it with my ac- 
customed signature. JOAQUIN CODALLOS Y RABAL 
Witness FELIPE JACOBO UNANUE 
Witness MIGUEL DE ALIKE 

500 ANTONIO MONTOYA. 

Petition for lands between Santo Domingo and San 
Felipe. 1716. No final action. 

Captain Felix Martinez, Governor. Joseph de Quin- 
tana. 

Petition by Antonio Montoya for lands which were the 
surplusage of the lands of the pueblos of Santo Do- 
mingo and San Felipe, "on the other side of the Rio del 
Norte." 

This petition was presented, on March 18, 1716, to 
Governor Felix Martinez, who ordered Manuel Baca, chief 
alcalde of the pueblos of San Felipe, Santo Domingo, and 
Cochiti, to examine the lands asked for, to inform the In- 
dians of San Felipe and Santo Domingo in regard to the 
petition made by Montoya, and to report what they had 
to say about the matter. 

The alcalde reported that the Indians said that they 
wanted their league measured so that they might know 
what belonged to them. Here the proceeding ends ab- 
ruptly. 



152 THE SPANISH ARCHIVES OF NEW MEXICO 

501 FRANCISCO MARTIN. 

Grant. 1716. Land at Ckimayo. Xptobal Martin and 
Felipe Moraga, q. v. Pedro Rodriguez Cubero, Governor ; 
Alonsso Barela ; Don Juan Ignacio Flores Mogollon, Gov- 
ernor; Francisco Ribera; Sebastian Martin; Roque 
Madrid; Pedro de Morales, Secretary; Miguel de Quin- 
tana; Joseph Manuel Giltomey; Xtobal Torres; Salvador 
Martinez. 

502 LORENZO MADRID. 

Will, Santa Fe, 1716. Juan Garsia de la Riva, Alcalde; 
Manuel Chirinos. 

503 ANTONIO MARTINEZ. 

Grant. 1716. Reported Claim No. 116, q. v. 

504 XPTOBAL MARTIN vs. FRANCISCO MARTIN, 
1717. 

Land at Chimayo. Felipe Moraga, q. v. Juan Paez Hur- 
tado, Captain-General ; Juan Garsia de la Rivas, Alcalde ; 
Miguel Thenorio de Alba, Sec. ; Juan de Atiensa ; Fran- 
cisco de la Mora. 

505 JUANA DE ARGUELLO to Josepha Martin. Santa 
Fe, 1718. 

Donation of land. Francisco Bueno de Bohorques y Cor- 
cuera, Alcalde. 

506 DIEGO ARIAS DE QUIROS to Francisco de Mestas, 
1720. 

Donation of land in Cuyamungue. Francisco Joseph 
Bueno de Bohorquez y Corcuera, Alcalde. 

507 ANTONIO MARTIN. 

Land at Alburquerque. Possession not given. Don Juan 
Domingo de Bustamante, Governor. Manuel de Cruciaga, 
Secretary. 

508 JOSEPH DE QUINTANA, with consent of Josepha Se- 
dano, to Juan Lorenzo de Medina. Santa Fe, 1722. 

Land. Francisco Bueno Bohorques y Corcuera, Alcalde. 
Tomas Xiron de Tegeda ; Joseph de Quintana. 

JOSEPH SEDANO. Santa Fe, 1721. Protest against above 
conveyance. Francisco Bueno de Bohorques y Corcuera, 
Alcalde. Juan Manuel Chirinos. 



THE SPANISH ARCHIVES OP NEW MEXICO 153 

509 MIGUEL MAETIN and JOSEPH DE ATIENZA. 

Compromise as to boundaries of lands in the Canada de 
Santa Cruz. 1722. Alphonso Rael de Aguilar; Miguel 
de Quintana. 

510 DIMAS XIKON DE TEXEDA and Maria Domingues, 
his wife, to Sebastian Martin. 1723. 

A tract of land in the jurisdiction of Taos. Francisco 
Bueno de Bohorquez y Corcuera, Alcalde. Juan Rael de 
Aguilar; Juan Joseph Moreno. 

ill ANDRES MONTOYA to Josepha Montoya. Santa 
Fe, 1725. 

Donation of land. Miguel Joseph de la Bega y Coca, 
Alcalde. Juan Joseph Lobato; Juan Manuel Chirinos. 

512 SALVADOR MONTOYA. 

Will. Santa Fe. 1727. Diego Arias de Quiros, Alcalde. 
Juan Manuel Chirinos; Miguel de Sandobal. 

513 DIEGO MARQUES. 

Will. Villa Nueva de Santa Cruz. 1729. 

Joseph Miguel Marques de Ayala ; Dimas Giron de Tege- 
da ; Juan Domingo de Bustamante, Governor ; Fray Man- 
uel de Sopefia ; Antonio de Gruciaga. 

514 MARIA DE MOYA to Getrudis Montes y Vigil, Santa 
Fe, 1729. 

House and land. Diego Arias de Quiros, Alcalde. Juan 
Manuel Chirinos. 

515 CRISTOBAL MARTIN vs. FRANCISCO MARTIN. 
1731. 

Question of boundaries of land at Santa Cruz. Felipe 
Moraga, q. v. Gervasio Cruzat y Gongora, Governor. 
Miguel de Quintana; Juan Antonio de Vnuane. 

516 JUANA DE ANALLA to Jose Montano. Alburquer- 
que, 1731. 

Land. Juan Gonzales Bas, Alcalde. Joseph de Quintana. 

517 JOSEPH FRANCISCO MONTOYA vs. BALTAZAR 
ROMERO. 1733. 

Question of a tract of land at Pajarito. His grandfather, 
Miguel Garcia de la Ribas, registered the Pajarito Tract. 



154 THE SPANISH AECHIVES OF NEW MEXICO 

Gervasio Cruzat y Gongora, Governor. Juan Antonio de 
Vnanue; Isidro Sanehes; Gaspar Bitton; Juan Gonzales 
Bas, Alcalde; Pedro de Chabes, Alcalde. 

518 GEEONIMO and IGNACIO MAETIN, Juan de Gam- 
boa and Pascual and Tomas de Manzanares, all of 
Chama. 

Grant. Land above Abiquiu. Juan Paez Hurtado, Act- 
ing Governor. 1735. Diego de Vgartte. 

This grant was revoked by Gervasio Cruzat y Gongora, 
Governor. 

519 JACINTO MAETIN and JOSEPH GAECIA. 

Grant. 1735. Land in a place called Cieneguilla in the 
county of Taos. Juan Paez Hurtado, Acting Governor. 
Revoked by Governor Cruzat y Gongora. 

520 VENTUEA DE MESTAS vs. Antonio de Beitia. 1736. 

Question of lands at the mouth of the Ojo Caliente. Ger- 
vasio Cruzat y Gongora, Governor. Gaspar Bitton. 

It appears that Antonio Martin also had a grant at this 
place. 

On the first page we find "Por la parte del sur con el 
paso del rrio que llaman el bado. ' * Shows that the use of 
the word "paso" is identical with that used in the name of 
the city of El Paso del Rio del Norte, meaning "ford" or 
' * crossing. ' ' 

521 EEPOET on the condition of the property of Felix Mar- 
tinez, Governor, deceased. Antonio Montoya, Alcalde. 
Item No. 1105, q. v. 

522 DIEGO AEIAS DE QUIEOS to Francisco Xavier de 
Mestas. 

Donation of land in Cuyamungue. 1738. Antonio Mon- 
toya, Alcalde. Joseph de Riano. 

523 CEISTOBAL MAETIN vs. Francisco Martin. 1738. 

Question of lands. No. 515, q. v. Henrique de Olavide y 
Michelena, Governor. Pedro Joseph de Leon; Gervasio 
Cruzat y Gongora, Governor ; Balthazar Montoya ; Miguel 
de Quintana. 

524 GEEONIMO MAETIN. 1739. 

Revocation of grant made to him at Villa Nueva de Santa 



THE SPANISH AKCHIVES OF NEW MEXICO 155 

Cruz by Juan Paez Hurtado, Acting Governor. Revoca- 
tion by Cruzat y Gongora, Governor. 

In his paper the governor says: "por quanta mande 
recojer por siertos motives que para ello tube, las mer- 
sedes de tierras que dio el Theniente General Don Juan 
Paez Hurtado, en el tiempo que yo estava hasiendo la 
visit a," etc. 

25 ANTONIA DOMINGUEZ MENDOZA to Maria Mada- 
lena Medina. 1740. 

Land in Santa Fe. Antonio Montoya, Alcalde. Baltazar 
Montoya. 

526 ANDRfiS MONTOYA. Cieneguilla. 1740. 

Will. Juan Paez Hurtado, Alcalde. Joseph Miguel de la 
Pefia ; Gregorio Garduno j Juan Orttis. 

527 CATAEINA MAESE. 

Grant. 1742. Land on the other side of the Santa Fe 
river. Gaspar Domingo de Mendoza, Governor. Gre- 
gorio Garduno. 

528 ANTONIO MONTOYA. Villa Nueva de Santa Cruz. 

Will. 1749. Juan Joseph Sandoval, Alcalde. Salbador 
Barela. 

With this also are: 

Bartolome Lovato. Petition. 1703. Claim for an 
Apache woman from Captain Xptobal de Arellano. 

El Marques de la Naba Brazinas, Governor. 

529 JACINTO MAETIN Juan Francisco Martin. 
Phelipe Bustamante Antonio Martin 

Relative to the settlement of lands near the pueblo of the 
Picuries. 1744. Joachin Codallos y Rabal, Governor. 

530 MARGABITA MARTIN. Villa Nueva de Santa Cruz. 
1744. 

Inventory and partition of her estate. 
Joachin Codallos y Rabal, Governor. Francisco de Roa y 
Carrillo; Juan Garcia de la Mora; Joseph Antonio de la 
Thorre ; Carlos Fernandez ; Francisco Ortiz, Alcalde ; Juan 
Joseph Pacheco ; Francisco Orttiz, Alcalde. 

531 FRAY JUAN MIGUEL MENCHERO. 1748. 

Petition relating to confiscated property of criminal In- 
dians. Joachin Codallos y Rabal, Governor. 



156 THE SPANISH AECHIVES OF NEW MEXICO 

Petition by Father Juan Miguel Menchero, asking that 
certain property, which had been confiscated from persons 
guilty of various crimes, should be turned over to him 
(after the payment of the necessary fees incident to the 
legal proceedings), to be applied to the reestablishment of 
the then deserted pueblo of Sandia. 

Governor Codallos y Rabal on April 19, 1748, decided 
that he did not have authority to grant the petition, but ad- 
vised the priest to apply to the viceroy, to whom the decision 
of .the disposition of the confiscated property belonged. 

The only important thing in the document is that the 
pueblo of Sandia had been deserted, and was then being 
reestablished, with a view to gathering together the Mo- 
qui Indians, who were scattered about among the different 
pueblos of the kingdom. 

In this it appears that the pueblo of Sandia had been de- 
serted and in (1748) was being reestablished. It also 
shows that certain property of the Indians of Cochitf, 
Tesuque, and San Juan had been confiscated because the 
owners had been guilty of lese majeste and other crimes. 

532 SALVADOE MAETINEZ. 1748. Petition. 

Complains of having been dispossessed of his property, 
houses and lands, at the "Vega of Sandia," by the priests. 
Joachin Codallos y Rabal, Governor. Fray Juan Miguel 
de Menchero; Phelipe Jacobo Vnanue; Miguel de Alire; 
Fray Joseph Juan Hernandez. 

Petition of Salvador Martinez to have restored to him 
certain lands, houses, etc., which he alleged had been given 
to the Indians who were brought from Moqui to Sandia 
in 1742, by the friars Carlos Delgado and Pedro Pino. 

The petition was denied by Governor Codallos on July 
13, 1748, apparently for the reason that the petitioner had 
not made any protest at the time he alleged his property 
was given to the Indians, and also because he had suffered 
no real injury, having more desirable property elsewhere. 

This indicates that the Indians were brought from Moqui 
to the neighborhood of the deserted pueblo of Sandia in 
1742 under the direction of the frayles, Carlos Delgado 
and Pedro Pino; also shows that this region was exposed 
to raids from the Faraon Apaches. 

533 VENTUEA DE MESTAS, Villa Nueva de Santa Cruz. 
1748. Vs. Juan Antonio Lujan, Manuela Beytia and 
Salvador de Torres. 

Joachin Codallos y Rabal, Governor. Juan de Beytia, Al- 



! 



THE SPANISH AECHIVES OF NEW MEXICO 157 

calde. Vincente Ginzo Ron y Thobar; Joseph Homo de 
Vera; Antonio de Armenta; Leonardo de la Cruz; Fran- 
cisco Gomez del Castillo. 

534 ANTONIO MARTIN. Chimayo. 1748. 

Question of lands with Martin Fernandez, "vecino de tan 
sumamente mal corazon. Joachin Codallos y Rabal, Gov- 
ernor. Vincente Ginzo Ron y Thobar; Juan de Beytia, 
Alcalde; Martin Balerio; Francisco Gomez del Castillo. 

535 LORENZO MARTIN, of El Paso del Norte, to Fran- 
cisco Martin, 1749. 

Land in Chimayo. Juan Joseph Sandoval, Alcalde. Mar- 
tin Valerio. 

536 ROSA MARTINA FERNANDEZ. Villa Nueva de 
Santa Cruz. 1750. 

Will. Juan Joseph Sandoval, Alcalde. Salvador Varela; 
Alonzo Sandoval. 

537 ANTONIO DE SALAZAR to Pedro Martin. 1750. 

House and land in "Corral de Piedra." Juan Joseph 
Lobato, Procurador General. Juan Joseph Jaques; Juan 
Domingo Lovato. 

538 MANUEL DE LA ROSA to Pedro Martin. 1751. 

Land in Abiquiu. Juan Joseph Lovato, Procurador Gen- 
eral. Juan Domingo Lovato ; Juan Trujillo. 

539 MANUEL BACA to Josefa Montoya. 1751. 

Land in "Canada de Guicu. ques el lindero un alamo 
grande de o gare donda y por lo que mira de norte a sur 
lo que resa la merced o venta real del Puesto de la Ciene- 
guilla." Manuel Gallegos, Alcalde. Pedro Tafoya. 

540 ANTONIO MARTIN vs. Martin Valerio. Chimayo. 
1751. 

Question of boundaries. Juan Joseph Lobato, Alcalde. 
Juan Andres de Avalos. 

541 CRISTOBAL AMESTAS (Mestas) for himself and his 
father, Mateo Mestas, and his brothers vs. Ventura de 
Mestas. Jurisdiction de la Canada. 1752. 

Question of lands. Tomas Veles Cachupin, Governor. 
Nicolas de Orttiz. 



158 THE SPANISH AECHIVES OF NEW MEXICO 

542 CASILDA DE MESTAS and JUAN PEDRO SIS- 
neros to Ventura de Mestas. 1754. 

"Una parte considerable de tierra" on the Chama river, 
above the Rio del Oso. Juan Joseph Lovato, Alcalde. 
Juan Domingo Lovato ; Francisco Baldes y Bustos. 

543 CRISTOBAL MARTIN to Marcos Martin. Villa Nu- 
eva de Santa Cruz. 1753. 

Land. Juan Joseph Lovato, Alcalde. Miguel Salazar. 

544 MARIA DE HERRERA to Manuel Dias del Castillo 
(alias Mora). Santa Cruz del Ojo Caliente. 1753. 

Lands. Juan Joseph Lobato, Alcalde. Jose Martin. 

545 BARTOLOME TRUGILLO to Manuel Martin. Abi- 
quiu. 1753. 

Land. Juan Joseph Lovato, Alcalde. Antonio Martin. 

546 MIGUEL MARTIN SERRANO. San Antonio. Rio 
Arriba County(f). 

Will. 1752. Hilario Archuleta, Alcalde. Francisco Go- 
mez del Castillo ; Juan Gomez del Castillo. 

547 DOMINGO DE HERRERA and Gertrude Xaramillo, his 
wife, to Joseph de Medina. Villa Nueva de Santa Cruz. 
1753. 

Juan Joseph Lovato, Alcalde. Antonio Martin. 

548 GREGORIO LOBATO to Bartolome Marquez. 1754. 

Land in Santa Fe. Nicolas Orttiz, Alcalde. Juan An- 
tonio Ortiz. 

549 JOSEPH and JUAN HURTADO to Diego Marquez. 
1754. 

House and land in Santa Fe. Nicolas Orttiz, Alcalde 
Joseph Maldonado. 

550 JOSEPH RINCON to Bartolome Marques. Santa Ft 
1755. 

Land on the other side of the Rio Santa Fe. 

FRANCISCO RAEL DE AGUILAB to the same. Same dat( 
Land adjoining the above. Francisco Guerrero, Alcalde. 
Manuel Vigil; Estevan Rodriguez. 



THE SPANISH AECHIVES OF NEW MEXICO 159 

IGNACIO DE EOYBAL to Juan Miiion. Santa Fe. 
1755. 

Donation. Land. Testimonio. Certified by Francisco 
Guerrero, Alcalde. Antonio Guerrero; Manuel Vigil. 

>2 JUAN JOSEPH MORENO. 

Will. Santa Fe. 1756. Francisco Marin del Valle, Gov- 
ernor. Miguel de Alire ; Francisco Xavier Fragoso. 
The preamble of this instrument is very interesting. 

553 BARTOLOMS FERNANDEZ to Isidro Martin. Santa 
Fe. 1757. 

Land. Francisco Guerrero, Alcalde. Manuel Bernardo 
Garvisu; Phelipe Sandoval Fernandez. 

554 JUAN FRANCISCO MOYA to Lucas Moya. Santa Fe. 
1758. 

House and land. Francisco Guerrero, Alcalde. Manuel 
Bernardo Garvisu; Antonio Guerrero. 

555 ANTONIO MONTOYA to Urbano Montoya. Santa Fe. 
1759. 

Lands at a place called Los Palacios. Francisco Guerrero, 
Alcalde. 

556 CRISTOBAL MARTIN to Jose Maldonado. Santa Fe. 
1761. 

House and land on the other side of the Rio Santa .Fe. 
Francisco Guerrero, Alcalde. Jose Miguel de la Pena; 
Lucas Moya. 

557 JOAQUIN MESTAS. 

Petition to be permitted to remain for a certain time on 
land occupied by him at Lagunitas del Rio Puerco. 1762. 
Tomas Veles Cachupin, Governor. Reported Claims Nos. 
97 and 101, q. v. 

At Santa Teresa de Jesus, Feb. 8, 1768, Captain Bar- 
tolome Fernandez, chief alcalde, placed Joaquin Mestas in 
possession of a tract of land, under a grant from Governor 
Mendinueta, upon which no Apaches were living, in the 
presence of Miguel and Santiago Montoya; the Chaco 
Mesa was the western boundary; in measuring this land 
the alcalde used a "cordel, one hundred Castillian varas 
long." The grantees were cautioned by the governor to 
occasion no injury to the "Apaches of the Navajo coun- 



160 THE SPANISH ARCHIVES OF NEW MEXICO 

try," and to treat them with "love, fidelity and kindness, 
endeavouring earnestly to bring them to the pale of our 
mother, the church," with the penalty that if such treat- 
ment was not given the Indians the grant would be for- 
feited. Mestas recites that he had a former grant from 
Governor Marin del Valle, upon the Rio Puerco, and had 
been dispossessed by Governor Cachupin who gave the 
property to Captain Antonio Baca. 

558 SEBASTIAN MAETIN vs. Manuel Martin. Villa 
Nuev'a de Santa Cruz. 1763. 

Question as to the validity of donation of lands. Juan 
Paez Hurtado, Governor; Tomas Veles Cachupin, Gov- 
ernor; Antonio de Beitia, Juez Commissionado ; Carlos 
Fernandez; Manuel Antonio Lorenz; Joseph Garcia de 
Mora; Matheo de Penarredonda. 

559 GETEUDIS MAETIN. Intestate. Santa Cruz de la 
Canada. 1763. 

Inventory and partition of her estate. Cristobal Madrid, 
son of the deceased; Juan Sanches; Francisco Antonio 
Zisneros; Carlos Fernandez, Alcalde Mayor. 

560 XPTOBAL MADEID. Santa Fe. 1765. 

Will. Tomas Madrid, Lieutenant. Francisco Esquibel, 
Alferez. 

561 GEEONIMO MAETIN to Jose Martin. Abiquiu. 
1764. 

Rancho ; boundaries : Par el oriente con el lindero de los 
Indios : Por el sur, donde rezare la merced de dicko sitio; 
por el poniente la orilla del estero en lo que mira a labor; 
el bordo del estero con la mojonera de Marcelino, y el 
camino a libre al pie del cerrito, que esta al sur para en- 
trar y sali el bosque pleyto de los Frijoles y la casa de 
Marcelino por la derecera de la punta de la Mesa Alta; 
al poniente; por el norte el Rio de Chama; sold for $1,668. 
Manuel Garcia Pareja, Alcalde. Lorenzo Baldes; San- 
tiago Martin. 

562 JOSEPH BACA to Joaquin Mestas. San Pedro de 
Chama. 1784. 

House and lands. Manuel Garcia Pareja, Alcalde. Jo- 
seph Lujan. 




DON BALTAZAR DE ZUNIGA, MARQUES DE VALERO 
Duke of Arion, Viceroy of Mexico, 1716-22 



THE SPANISH ARCHIVES OF NEW MEXICO 161 

[.63 MIGUEL DE HERRERA to Simon Martin. Villa Nueva 
de Santa Cruz. 1784. 

House and land. Manuel Garcia Pareja, Alcalde. Jo- 
seph Lujan. 

MATEO MESTAS. 

Will. Santa Cruz de la Canada. 1764. Joseph Esquibel, 
Alcalde. Luis Cano Saenz. 

FRANCISCO MARTIN. 

Will. San Antonio del Embudo. 1784. Francisco An- 
tonio Zisneros, Alcalde. Cristobal Lorenzo Lobato; Julian 
Martin. 

>6 JUAN ANTONIO FRESQUIS to ANTONIO MAR- 
TIN. San Antonio del Embudo. 1765. 

Land on El Rio del Norte. Manuel Garcia Pareja, Al- 
calde. Manuel Zamora. 

567 NICOLAS MARES. 

Will. Santa Fe. 1766. Thomas Madrid, Teniente. Juan 
Cayetano Nvuane. 

568 JUAN PABLO MARTIN. 

Grant. Polvadera, Rio Arriba county. 1766. Reported 
Claim No. 131, q. v. 

569 JOSEPHA MONTOYA. 

Will. 1766. Santa Fe. Francisco Guerrero, Alcalde. 
Francisco Xavier Fragoso; Juan Francisco Nino Ladron 
de Guebara. 

570 QUITERIA PACHECO to Antonio Madrid. Santa Fe. 
1766. 

Francisco Guerrero, Alcalde. Ignacio Xaramillo; San- 
tiago Frnz (Fernandez). 

571 MIGUEL and SANTIAGO MONTOYA vs. Juan Pablo 
Martin. 1766. 

In the matter of the Polvadera Tract. Tomas Veles Ca- 
chupin, Governor; Joseph Maldonado; Gaspar Domingo 
de Mendoza, Governor; Pedro Martin Serrano; Lucas 
Manuel de Alcala ; Joseph Miguel de la Pena ; Carlos Fer- 
nandez; Joseph Terms ; Antonio de Herrera; Phelipe 



162 THE SPANISH AECHIVES OF NEW MEXICO 

Tafoya, Procurador; Juan Antonio Ortiz; Domingo La- 
badia. 

In the year 1767, Miguel and Santiago Montoya were 
residents of Alburquerque ; they were grandsons of the 
great Captain Antonio Montoya, who came with De Var- 
gas, who, with his two sons, Miguel Montoya and Juan 
Manuel Montoya, lived at Santa Rosa de Abiquiu until 
the place was abandoned. On the lands of the elder 
Montoyas, at Abiquiu, Governor Tomas Veles Cachupin 
founded the pueblo of Santo Tomas de Abiquiu, and 
promised Miguel Montoya, father of Miguel Montoya, to 
give him in lieu thereof a tract of land in some other part 
of the province; this he did not do, and the son, Miguel, 
and his cousin, Santiago, "finding themselves with the 
large families of their widowed mothers on hand," re- 
siding at Atrisco (near Alburquerque), asked for a tract 
of land on the Rio Puerco. This tract was denied them, 
as it was already occupied by Antonio Baca and Salvador 
Jaramillo; in the month of October, 1766, Governor Ca- 
chupin "in lieu of the ranch they refer to at Abiquiu, 
where the Indian mission of Santo Tomas was established 
and settled, the same having been found uninhabited," 
granted the Montoyas a tract on the Rio Puerco, ' ' bounded 
on the south by lands of Jose Garcia, on the north the 
place where Joaquin Mestas is located, on the east the 
Rio Puerco and on the west the brow of a hill." Posses- 
sion was given in the presence of the Indians of the 
pueblo of Zia (adjoining owners). The testimonios were 
deposited in the archives February 14, 1767, approved 
by the governor. 

572 JUAN FRANCISCO MAETIN. 

Will. Fragment. 1787. Manuel Garcia Pareja, Alcalde. 
Antonio Joseph Lovato. 

573 JUAN BAUTISTA MONTANO. 

Petition. San Fernando del Eio Puerco. 1767. Asking 
for lands "sobras" of Antonio Baca and Salvador Xara- 
millo. Not granted. Don Pedro Fermin de Mendinueta, 
Governor. Antonio Moreto ; Mateo de Pefiarredonda ; An- 
tonio Baca. File No. 105, office of S. G., q. v. 

574 FELIPE DE SANDOVAL to Antonio Nerio Montoya. 
1767. 

Reported Claim No. 118, q. v. 



THE SPANISH AECHIVES OF NEW MEXICO 163 

575 LUCAS DE MOYA to Manuel Moya. Santa Fe. 1767. 

Land down the river. 

576 SANTIAGO and MIGUEL MONTOYA. 

Grant. 1767. Reported Claim No. 100, q. v. 

177 VICENTE DE SENA to Joseph Maldonado. Santa Fe. 
1767. 

Land at Buena Vista. Francisco Guerrero, Alcalde. An- 
tonio Dominguez. 

>78 JUANA DE OJEDA and JUAN DE BENAVIDES to 
Vicente Martinez, Santa Fe, 1767. 

House and lands. Francisco Guerrero, Alcalde. Fran- 
cisco Xavier Fragoso. 

)79 MEMOBIA del Soldado, Cristobal Madrid, "donde de- 
clara los bienes que tiene por liallarse para dar quenta 
al criador." 

Thomas Madrid, Teniente; Phelipe Sandoval; Miguel Te- 

norio; Diego Antonio de la Pefia. 

580 JUANA TERESA, JULIANA and JUANA GETBU- 
DIS FLOBES to Bartolome Marques. Santa Fe. 1767. 

Lands. Francisco Guerrero, Alcalde. Nicolas Ortiz. 

581 JOAQUIN MESTAS. 1788. 

Grant. Reported Claim No. 97, q. v. 

582 BEBNABDO DE MIEBA Y PACHECO and Pedro Pa- 
dilla. 

Grant. 1768. Reported Claim No. 98, q. v. 

583 NEBIO ANTONIO MONTOYA. 

Grant. 1768. Reported Claim No. 11, q. v. 

584 PAULIN MONTOYA and Five others. 

Grant. 1768. File No. 185, q. v. 

585 MATEO GUTIEBBEZ to Tomas Madrid. Santa Fe. 
1768. 

House and land. Phelipe Tafoya, Alcalde. Juan Miguel 
Tafoya; Joachin Lain. 



164 THE SPANISH AECHIVES OF NEW MEXICO 

586 BERNARDINO DE SENA MAESE to Joseph Maese. 
1768. 

House and lands. Phelipe Taf oya ; Anacleto Miera ; Joa- 
chin Lain. 

587 MARIA MARTIN. Will. Santa Fe, 1768. 

Phelipe Taf oya, Alcalde; Lucas Moya; Santiago Fernan- 
dez; Manuel Fernandez. 

588 JUAN DE ATENCIO to Manuel Manzanares. San Pe- 
dro de Chama. 1769. 

House and lot. Antonio Joseph Ortiz, Alcalde. Juan 
Domingo Lobato; Joseph Garcia de la Mora. 

589 ANDRES MANZANARES to Manuel Manzanares. 
Pojoaque. 1769. 

House and lot in Chama. Antonio Joseph Ortiz, Alcalde. 
Manuel de Arteaga. 

590 MONICA TOMASA MARTIN. 

Intestate. Voile de San Geronimo de Taos. 1770. It ap- 
pears that a will was made in 1768. It is on file with 
these papers. Inventory and partition of her estate. An- 
tonio Armijo, Alcalde. Pedro Fermin de Mendinueta, 
Governor. Antonio Solano ; Domingo Benavides, Alcalde ; 
Salvador Rivera; Nicolas Leal. 

591 ANTONIO DE ARMENTA to Isidro Maese. Santa Fe, 
1771. 

Land. Manuel Garcia Pareja, Alcalde. Joseph Armenta. 

592 MARCIAL MARTIN SANGIL, of Santo Domingo de 
Cundiyo, vs. MARCIAL MARTIN. 

Question of land under a grant had by purchase by the 
complainant's father from Phelipe Moraga. 1771. Cris- 
tobal Montes Vigil, Alcalde. Mateo de Penarredonda ; 
Juan Francisco Mascarenas; Domingo Labadia; Pedro 
Fermin de Mendinueta; Antonio Moreto; Juan de Arte- 
aga; Joseph de Medina. 

593 ANACLETO DE MIERA Y PACHECO and Maria Cat- 
arina Pino. 

Petition. 1786. Asking that the property of Antonio de 
Luna, deceased, and said Maria Catarina de Pino be 
placed in their custody. 



THE SPANISH AECHIVES OF NEW MEXICO 165 

593 MANUEL DE ARMIJO and Juan de Ledesma to Jose 
Mares. Santa Fe. 1764. 

Donation of share in mine. Francisco Guerrero, Alcalde. 
Antonio de Armenta. 

594 VICENTE MARTIN. Will. 1774. Santa Fe. 

Manuel Garcia Pareja, Alcalde. Antonio Armijo. 

595 TOMASMADEID. Will. Santa Fe, 1781, 

Jose Maldonado. Antonio Guerrero. 

596 JOSEPHA MESTAS. Pojoaque. Will. 1785. 

Also partition of her estate. Jose Campo Redondo. Anza, 
Governor. 

597 ANACLETO MIEEA Y PACHECO and Maria Catar- 
ina Pino. 

Petition. 1788. Asking that the property of the minor 
children of Antonio de Luna and said Maria Catarina be 
placed in their custody. Juan Bautista de Anza, Gov- 
ernor. Josef Andres Calles. Copy of No. 593. 

598 JOSfi MALDONADO. Will. 1789. Santa Fe. 

Also inventory and partition of his estate. Antonio Guer- 
rero, Alferez. Jose Sandobal; Fernando de la Concha, 
Governor; Jose Rafael Sarracino, Administrador de Cor- 
reos; Cristobal Maria Larranaga; Nicolas Antonio de 
Henestrosa ; Manuel Delgado, of Chihuahua ; Cleto Miera ; 
Antonio Jose Ortiz, Alcalde; Vincente Troncoso, Teni- 
ente; Fernando Lamelas. 

599 CLEMENTS GUTIERRES to Viviana Martin. San 
Isidro de los Corrales. 1784-1793. 

Lands in Alameda. Nerio Antonio Montoya, Alcalde ; Fer- 
nando de la Concha, Governor; Juan Gabriel de Lago; 
Fernando de Lamelas. 

600 JUAN FRANCISCO MARTIN. 

Will. San Antonio del Embudo. Incomplete. Four pages 
and no signature. 

601 FRANCISCO XAVIER DE MIRANDA. Alburquerque. 
No date. 

Asking that Juan Montano be ordered to give him a deed. 
Antonio Gurule is mentioned as "Colindante." 



166 THE SPANISH AECHIVES OF NEW MEXICO 

602 MAEIA MICHAELA MAESE. Santa Fe. No date. 

Asking that land granted to her deceased husband, Martin 
Padilla, in the Partido del Bado, be confirmed to her. 
The land granted was 150 " caisadas." 

603 PAULIN MONTOYA vs. Miguel Ortiz. Sitio de la 
Majada. 1800. 

Trespass, etc. Josef Miguel de la Pefia; Fernando Cha- 
con, 'Governor; Jose Campo Redondo; Francisco Montoya. 
La Majada Tract. 

604 MANUEL MAEES. 

Will. Santa Fe. 1804. Juan de Dios Peiia, Alferez; 
Fernando Chacon, Governor ; Jose Campo Redondo. 

605 MIGUEL MIEABAL, of Las Huertas. 1808. 

Petition relating to inheritance of land under the will of 
his great grandfather. Land in Alameda. 

Cleto Miera y Pacheco; Eusebio Rael; Domingo La- 
badia ; Jose Garcia, Alcalde ; Jose Garcia de la Mora, Al- 
calde; Ignacio Sanchez Vergara; Jose Gutierrez; Nicolas 
Salazar ; Manrique, Governor ; Juan Jose Santillanes ; Feliz 
Pino; Alencaster, Governor. 

The Alameda Tract was granted to Captain Francisco 
Montes Vigil January 27, 1710, by Admiral Joseph Cha- 
con, Marques de la Penuela. Montes Vigil came to New 
Mexico "among the collection of families made in the 
City of Our Lady of Zacatecas, my native place, by Gen- 
eral Juan Paez Hurtado." Montes Vigil participated in 
all of the battles of the re-conquest. The boundaries of 
the tract as described in the decree of royal possession, 
are, on the north a ruin of an old pueblo, of two that there 
are, is the more distant one from the Alameda tract; and 
on the south a small hill, which is the boundary of Luis 
Garcia; on the east the Rio del Norte, and on the west 
plains and hills for entrances and exits. Possession was 
given in the presence of Martin Hurtado, son of the Gen- 
eral Juan Paez Hurtado, Luis Garcia and Jose de Quin- 
tana. Hurtado at the time was war chief and alcalde of 
Alburquerque. 

606 JUAN MANUEL MAETIN and his brothers, heirs of 
Antonio Sisneros, their grandfather, and Pedro Martin, 
their father. 

Agreement with their mother, Maria Manuela Sisneros. 



THE SPANISH AECHIVES OF NEW MEXICO 167 

Abiquiu. 1809. Question as to lands. Manuel Garcia, 
Alcalde. Jose Miguel Tenorio. 

607 MARIA MARQUES DE AYALA. Pojoaque. 1811. 

Question of title to Rancho de Cuyamungue, sold under 
mortgage, and bought by Juan Rafael Ortiz. Manuel 
Garcia de la Mora, Alcalde. Manrique, Governor. Tomas 
de Herrera. 

608 JOSE MONTOYA. Canon de Jemez. 1810. 

Petition for land. Referred to the Governor with favor- 
able recommendation. Ignacio Sanchez Vergara, Alcalde. 

The names of the settlers of the Canon de Jemes are 
found in this item. 

The first settlers of the tract known as the Canon de 
San Diego were Francisco and Antonio Garcia, brothers, 
who were interpreters of the Navajo nation, Miguel Gar- 
cia, Joaquin Montoya, Salvador Garcia, Jose Manuel Gar- 
cia, Juan Jose Gutierres, Juan de Aguilar, Bias Nepomu- 
ceno Garcia, Bartolome Montoya, Jose Montoya, Tomas 
Montoya, Juan Domingo Martin, Jose Gonzales, Salvador 
Lopez, Antonio Abad Garcia, Miguel Gallegos, Marcos 
Apodaca, Jose Miguel Duran, and Jose Maria Jaramillo, 
who applied for a quantity of uncultivated land in the 
Canon de San Diego, adjoining lands belonging to the In- 
dians of Jemez. Their petition was filed in 1798, and 
asked for lands from east to west to the middle arroyo 
called Los Torreones, and from north to south to the Val- 
lecito de la Cueva, which is in front of the water fall and 
in a transverse line from the middle arroyo to the Rito de 
la Jara. They also protested that they would not injure 
the Indians with their persons nor their stock, stating that 
the few trees which the Indians had set out were planted 
on lands which did not belong to them. 

The grant was made by Don Fernando Chacon, knight 
of the order of Santiago, lieutenant-colonel of the royal 
armies, and political and military governor of the prov- 
ince. Possession was given March 14, 1798, in the 
presence of the natives of the pueblo of Jemez, who had 
been summoned by the chief justice of that pueblo, Don 
Antonio de Armenta. 

609 MARIA VIVIANA MARTIN. Alameda. 1812. 

Petition. Asks that her son-in-law, Vincente Montaiio, 
be ordered to return to her the title deeds to lands in 
Alameda. Incomplete. Manrique, Governor. Lorenzo 



168 THE SPANISH ARCHIVES OF NEW MEXICO 

Gutierrez. Josef Mariano de la Pena, Alcalde. No. 599, 
q. v. 

610 JUANA BARBARA MONTANO. Cochiti. 1813. Vs. 
Vicente Montano, her father. 

Complaint that he sold land belonging to herself and her 
brothers without their consent, to Miguel Hurtado. Finally 
settled in favor of purchaser, Miguel Geronimo Hurtado, 
Manrique, Governor. Herrera (Mariano de) Auditor de 
Guerra, Chihuahua. Cleto Miera y Pacheco. 

611 ANTONIO XAVIER MADRID. 

Will. Santa Fe. 1813. Miguel Portillo, Alferez. Josef 
Francisco Griego; Josef Larranaga. 

612 PEDRO MARTIN. Abiquiu. 1806. 

Proceedings in the matter of the settlement of his estate. 
Maria Manuela Sisneros; Joseph Anastacio Hernandez; 
Manrique, Governor; Manuel Garcia de la Mora, Alcalde; 
Juan de Terras Luzero; Pedro Ignacio Gallego. 

613 MARCIAL MONTOYA and Pablo Antonio Romero. 
Abiquiu. 1814. 

Petition for themselves and sixty others for lands on the 
Brazos del Rio de Chama. Referred to the Governor. 
Pedro Ignacio Gallego, Alcalde. 

614 DIEGO ANTONIO MARTIN. Santa Cruz de la Cana- 
da. 1819. 

Damages by a ditch. Facundo Melgares, Governor. Juan 
Francisco Ortiz, Alcalde. 

615 MANUEL MARTIN and Pablo Romero. 1820. 

Petition for the Tierra Amarilla Tract. Facundo Mel- 
gares, Governor. Jose Garcia de la Mora. 

616 MARIA NIEVES MIRAVAL. 

Grant. 1822. Land in Galisteo. Pedro Armendariz, Al- 
calde. Jose Maria Baca, Secretary. 

617 PABLO MONTOYA vs. Francisco Xavier Mares. 1822- 
23. 

Lands in the Majada Tract. Incomplete. Antonio Viz- 
carra, Governor. Jose Francisco Baca, Alcalde. 



THE SPANISH AECHIVES OP NEW MEXICO 169 

618 PABLO MONTOYA. Cienega. 1824. 

Petition to the Territorial Deputation for lands on the 
Rio Colorado del Rincon de la Cinta a la Trinchera. 
Granted by the Deputation on November 19, 1824. Juan 
Bautista Vigil, Secretary. Bartolome Baca, Jefe Superior 
Politico. 

619 JOS ANTONIO MAETIN. Basque Grande. 1824. 

Petition relative to lands. No action taken. 

620 JOSE IGNACIO MADRID and the other heirs of Eoque 
Madrid vs. Matias Ortiz. Santa Cruz de la Canada. 
1824. 

Question of lands. No final action. Bartolome Baca, 
Jefe Politico. Mariano Chaves, Alcalde. 

621 JOSfi ANTONIO MAETIN, alias "El Renegado," vs. 
Jose Manuel Sanchez. Basque Grande, Jurisdiction de 
San Juan. 1821-1828. 

Question of lands. Tomas de Herrera, Alcalde; Diego 
Antonio Lucero, Alcalde; Tomas de Herrera, Alcalde; 
Manuel Armijo, Governor; Juan de Jesus Martin, Al- 
calde; Antonio Narbona, Governor; Diego Sisneros, Al- 
calde; Josef Antonio Martinez; Juan Andres Archuleta. 

622 BEENAEDO MAETINEZ. Los Corrales. 1828. 

Petition for land near the Sandias. Not granted. Bal- 
tazar Baca, Alcalde. 

Baltazar Baca had a grant called the "Encinol," re- 
ported No. 104. 

This grant was rejected by the court of private land 
claims. There was a preliminary survey under the act 
of 1854, and this conflicted with the Laguna Pueblo Grant. 
Persons who claimed under the former grant title are 
now endeavoring to assert title by possession against the 
Indians of Laguna as to the part which conflicted with the 
Paguate Purchase. 

623 MARIANO MONTOYA, Indian of Sandia, in the name 
of the Pueblo, vs. Eusebio Eael. 1826. 

Title to land. 

624 BEENAEDO MADEID vs. Jose Antonio Bustos. San- 
ta Cruz de la Canada. 1826. 

Lands. Apolinario Lopez, Alcalde. 



170 THE SPANISH AKCHIVES OF NEW MEXICO 

625 JUAN DE JESUS MABTINEZ, Alcalde del Pueblo de 
San Lorenzo de Picuries. 1829. 

In the name of the pueblo protests against cession of lands 
adjoining the pueblo. Juan Antonio Lobato, Presidents 
del Ayuntamiento de Taos. Santiago Martinez, Secretary. 

626 MAEIA GETEUDIS MONTOYA. 

Will Agua Fria. 1820. Jose Ignacio Ortiz, Alcalde. J. 
M. Alarid; Jose Ortiz. 

627 PABLO MONTOYA. Cieneguilla. 1831-1832. 

This is a very voluminous expedience relating to the title 
of Montoya to this tract. Reported Claim No. 115, q. v. 

628 JOSE! VICTOEINO MONTES VIGIL. Taos. 1836. 

Claim to land at place called Rio Lucero, as heir under 
the first settlers. The grant was made to his great-grand- 
father, Pedro Montes Vigil. Albino Perez, Governor ; Ra- 
fael de Luna, Alcalde; Santiago Martinez, Alcalde; Ant- 
tonio J. Orttiz, Alcalde. 

On July 5, 1836, Jose Vitorino Montes Vigil directed a 
petition to the second alcalde of Taos, stating that he had 
learned that there was a piece of land on the Lucero river 
which had belonged to his great-grandfather, Pedro Montes 
Vigil, as was stated in the grant ; that the petitioner was 
the lawful owner of the land in question, and that he de 7 
sired that the alcalde should investigate the legality of 
his claim, and place him in possession of the land. 

On July 9, 1836, the alcalde, Santiago Martinez, re- 
turned the petition, stating that it should be presented 
on paper of the third stamp, and should be accompanied 
by proofs of his heirship, and by other pertinent docu- 
ments. 

On August 4, 1836, the petitioner presented a second 
petition, on the proper paper, which was followed by a 
statement by Joaquin Montes Vigil to the effect that he 
had an equal right in the property, and he joined in the 
petition made by Jose Vitorino Montes Vigil. 

On August 6, 1836, the alcalde referred the petition to 
the ayuntamiento of Taos, stating that the matter in ques- 
tion was within the jurisdiction of that body. 

On August 13, 1836, a petition signed by fourteen per- 
sons from the ranches of the tract of Los Estiercoles, from 
the town of San Fernando, and the pueblo of Taos, was 
presented to the ayuntamiento of Taos. This petition 






THE SPANISH AECHIVES OF NEW MEXICO 171 



was in opposition to the one presented by Jose Vitorino 
Montes Vigil. It states that the latter petition was pre- 
sented by Vitorino Vigil, a citizen of Paso del Norte, by 
Rafael and Joaquin Vigil, residents of Cieneguilla, and 
by other persons, not named, who claimed to be descend- 
ants of the deceased Pedro Vigil; that these persons 
wanted to cultivate land along the margins of the Lucero 
river, where that stream emerged from the mountain ; that 
the cultivation of said lands would result in great injury 
to the persons already settled in the vicinity, and who 
for years had depended upon the waters of the Lucero 
river for the irrigation of their lands. 

They ask that the persons claiming the lands in ques- 
tion be required to present proofs of their genealogy, to 
show the last will of the original grantee, with the in- 
stitution of heirs, etc. In support of their contention 
they allege that the claim of the petitioners to land on 
the Lucero river is combated by the decree of 1813, pro- 
mulgated by the king of Spain, and still in force in the 
Mexican Republic, as well as by the laws of prescription, 
acknowledged and observed throughout the world. 

On August 28, 1836, a report was made to the ayunta- 
miento of Taos by a committee of three persons, perhaps 
members of that body, which report was not favorable to 
the claim made by the Vigils, and which declared that 
the people of the pueblo of Los Estiercoles and Fernando 
de Taos were the legal owners of the waters of the Lucero 
river. 

Subsequently, from September 9, 1836, to January 19, 
1837, on four occasions, Jose Vitorino Montes Vigil pre- 
sented petitions to the jefe politico (governor) of New 
Mexico, complaining that his petitions to the authorities at 
Taos had not received the attention to which they were 
entitled. 

There are a number of statements by the alcalde of 
Taos and others in regard to various features of the case. 

The question at issue between the parties, so far as is 
disclosed by this archive, was never passed upon by the 
jefe politico, who at that time was Albino Perez, who sub- 
sequently was murdered (August 10, 1837) by the In- 
dians of Santo Domingo. 

629 GUADALUPE MIRANDA. 

Report recommending that the spring known as San Mar- 
cos be granted to him. No signatures. 

Guadalupe Miranda was secretary of New Mexico from 



172 THE SPANISH ARCHIVES OF NEW MEXICO 

April 9, 1839, to October, 1843. After the occupation of 
the Territory by the Americans in 1846 he declined becom- 
ing an American citizen and in 1853 was appointed com- 
missioner-general of Mexico to induce Mexicans in New 
Mexico to locate and colonize lands south of the Rio 
Grande. As such he succeeded the Fr. Ramon Ortiz of 
El Paso. Miranda delivered possession of the lands to 
the colony at Mesilla. At the time of the making of the 
grant to the settlers, there were present, among others, 
Domingo Cubero, Jose Manuel Sanchez Baca, Cesario Du- 
ran, Bias Duran, Francisco Rojas, Valentin Maese, Mau- 
ricio Sanchez, Eugenio Moreno, Vincente Lucero, and 
Martin Trujillo. 

On April 24, 1851, the dividing line between New Mex- 
ico and Mexico 32 degrees and 22 minutes north lati- 
tude was fixed as being ' ' the point at which said river 
(Bravo or Grande del Norte) intersects the southern line 
of New Mexico," it being understood that the distance 
from this point from which the river now runs, in the 
direction of the same parallel is two hundred and nine- 
teen and four-tenths meters, consequently to the east of 
said point. 

There were present on this day, Don Juan Jose San- 
chez, political chief of the Brazos district of the State of 
Chihuahua, Brevet Captain Abraham Buford, commander 
of Company H, 1st U. S. Dragoons, and Colonel Charles 
F. Tappan, aide-de-camp to James S. Calhoun, governor 
of New Mexico. General Juan Maria Ponce de Leon was 
also present. Important settlements in this locality at this 
time were Mesilla, Amoles, Paso del Norte, Senecu, Ysleta, 
Socorro, and San Elezario. At the time that Miranda 
acted Mesilla was in the State of Chihuahua, that portion 
being afterwards acquired by the United States under the 
Gadsden Purchase. There were about 1,500 people at 
Mesilla at the time. Don Jose Joaquin de Herrera was 
president and Don Mariano Otero, secretary of state of 
Mexico at the time. 

630 TOWN OF MOEA. 1842. 

Distribution of land. Grant to Jose Manuel Cordova, q. v. 
File No. 35. 

631 MIGUEL MASCAEENAS. 

Grant. 1844. Voiles de Santa Getrudis de lo de Mora. 
Law of April 30, 1842, q. v. Arts. 13-15. Tomas Ortiz, 
Alcalde. Miguel Antonio Lobato. 



THE SPANISH AECHIVES OF NEW MEXICO 173 

632 MIGUEL MASCAEENAS. 

Grant. Voiles de Santa Getrudis de lo de Mora. Tomas 
Ortiz, Alcalde. Mauricio Duran. 

On the 20th of October, one thousand eight hundred 
and thirty-five, I, Manuel Antonio Sanchez, constitutional 
justice of the jurisdiction of San Jose de Las Trampas, 
with my attending witnesses, with whom I act by appoint- 
ment, in compliance with the superior decree of Don Al- 
bino Perez, political chief of the Territory, dated the 28th 
day of September last past, I proceeded to the place 
called Lo de Mora, within the jurisdiction under my 
charge, for the purpose of distributing this public land, 
as is provided in the aforementioned superior decree, and 
being there, and the settlers interested, amounting to 
seventy-six citizens, being there also, the lower valley was 
called "Voile de Santo Gertrudes" and the upper one 
<( Valle de San Antonio," and in the name of the Mexican 
Nation, and of this municipality, the town-site was marked 
out in both valleys, the one at Santa Gertrudes being two 
hundred varas from north to south, and one hundred and 
fifty varas from east to west, leaving thirty varas outside 
for drippage and a common road, and the meadow for the 
benefit of all, with its entrances and exits free. The site 
of the town of San Antonio contains two thousand varas 
from north to south, and one hundred and fifty varas 
from east to west, leaving the meadow for the benefit of 
all settlers, with the following entrances and exits. On 
the north the canon of the Cumanches; on the south the 
Rio de Las Casos, and in the direction of the Cebolla. 
Thereupon I proceeded to distribute the land suitable to 
cultivation, and drawing the line from east to west, on 
the south side of the valley of Santa Gertrudes, there 
were measured four thousand one hundred varas of land, 
and on the north, in the direction of Tulquillo, there were 
measured one thousand seven hundred varas of land, 
which were distributed among the settlers in the order in 
which they are arranged on the list. 

On the subsequent day we proceeded to the valley of 
San Antonio, and being there, we drew the line from the 
edge of the Cienega towards the west, another was meas- 
ured and distributed according to the list aforementioned ; 
two thousand eight hundred varas of land in the valley; 
five hundred and sixty varas at the Lagunita; and two 
hundred and fifty varas of land opposite the town, toward 
the southwest thereof, as will appear by the aforemen- 



174 THE SPANISH AECHIVES OF NEW MEXICO 

tioned list ; the general boundaries of this tract, being for 
the benefit of the grantees and for common pasturage ; on 
the north, the Ocate river; on the south to where the Sa- 
pello empties; on the east the Aguage de la Yegua, and 
on the west, the Estillero, and as having taken possession 
thereof quietly and peacefully, and without opposition 
from any person whatsoever, the grantees, in token of joy, 
pulled up weeds, threw stones, scattered handsfull of 
earth, and performed other acts of possession, giving 
thanks to God and to the Nation. 

MANUEL ANTONIO SANCHEZ 
Instrumental: TEODOCIO QUINTANA. 

NESTOR ARMIJO. 

Attending witnesses: ALBINO CHACON. 
RAFAEL PAEZ. 

The original settlers as appears in this instrument were 
as follows : 
Voile de Santa Gertrudis: 

Jose Tapia, 100 varas; Carmen Arce, 150 varas; Juan 
Lorenzo Aliso, 200 varas; Juan Antonio Garcia, 150 va- 
ras; Carlos Nieto, 200 varas; Mateo Ringinel, 200 varas; 
Manuel Suhazo, 100 varas; Geronimo Martin, 100 varas; 
Francisco Sandoval, 100 varas ; Francisco Lore, 100 varas ; 
Francisco Conen, 200 varas; Jose Mestas, 100 varas; Ra- 
mon Archuleta, 100 varas; Antonio Aban Trujillo, 100 
varas ; Juan de Jesus Cruz, 100 varas ; Maria Dolores Ro- 
mero, 200 varas; Faustin Mestas, 100 varas; Maria Do- 
lores Sanches, 200 varas ; Jose Miguel Pacheco, 100 varas ; 
Yldefonzo Pacheco, 100 varas; Manuel Sanches, 100 va- 
ras; Juan Trujillo, 200 varas; Felipe Carbajal, 100 va- 
ras; Jose Maria Garcia, 100 varas; Miguel Garcia, 100 
varas; Gabriel Lujan, 100 varas; Manuel Arguello, 100 
varas; Ygnacio Gonzales, 200 varas; Jose Guadalupe Or- 
tega, 100 varas, Felipe Arguello, 100 varas; Manel Gre- 
gorio Martin, 100 varas ; Juan Cristobal Trujillo, 100 va- 
ras ; north bank looking toward Tulquillo, measured from 
east to west: Tomas Encarnacion Garcia, 150 varas; Car- 
los Salazar, 150 varas; Francisco Arguello, 100 varas; 
Francisco Sena, 100 varas ; Jose Ygnacio Madrid, 100 va- 
ras; Miguel Paez, 100 varas; Miguel Mascarenas, 200 
varas; Cecilio Montano, 50 varas; Cruz Medina, 100 va- 
ras; Bernardo Martin, 100 varas; Miguel Arguello, 150 
varas; Ramon Amado, 150 varas; Pedro Aragon, 150 va- 
ras; Estevan Valdez, 100 varas. 



THE SPANISH AECHIVES OF NEW MEXICO 175 

Valle de San Antonio: "Ban-da del Sur medida de 
Orient e a Poniente : ' ' 

Manuel Sanchez, 100 varas ; Juan Ygnacio Sanches, 100 
varas; Francisco Sarracino, 100 varas; Albino Chacon, 
100 varas; Damacio Chacon, 100 varas; Teodocio Quin- 
tana, 100 varas; Jose Garcia, 100 varas; Rafael Paez, 100 
varas; Nepomuceno Gurule, 100 varas; Jose Vigil, 100 
varas; Nestor Armijo, 300 varas; Andres Ornelas, 100 
varas; Mateo Montoya, 100 varas; Juan de la Cruz Tru- 
jillo, 100 varas; Juan de Jesus Lujan, 100 varas ; Fran- 
cisco Trujillo, 100 varas; Andres Trujillo, 100 varas; 
Juan Andres Archuleta, 100 varas; Ramon Abreu, 100 
varas; Jesus Maria Alarid, 100 varas; Vincente Sanches, 
100 varas; Mateo Sandoval, 100 varas; Juan Lopez, 100 
varas; Pedro Chacon, 100 varas; Miguel Antonio Mas- 
carenas, 100 varas ; Antonio Arguello, 100 varas. 
Lagunita de San Antonio, medida de Oriente a Poniente 

Jose Silva, 280 varas; Juan Jose Vigil, 280 varas. 
Frente a la Plaza de San Antonio punto al Serrito que 
divide a la Lagunita : 

Miguel Olguin, 250 varas. 

633 FELIPE MONTOYA. 

Grant. Voiles de Santa Getrudis de lo de Mora. 1844. 
Under law of April 30, 1844. Articles 13-15. Tomas 
Ortiz, Alcalde; Mauricio Duran; Miguel Antonio Lobato. 

634 MARGARITA MARTINEZ vs. Miguel Benavides. 
Real de San Francisco del Tuerto. 1845. Mining suit. 

Testimonio. Jose Baca, Alcalde. 

635 ASAMBLEA DEPARTAMENTAL DE NUEVO MEX- 
ICO. 1845. 

Relating to Grant called Manuelita. Felipe Sena. Tomas 
Ortiz, Secretary. 

636 CHAFFIE MARTINET. Santa Fe. 1846. 

Mining suit. Trinidad Barcelo, Alcalde. Benito Antonio 
Larragoite; Jorge Ramirez; Antonio Apodaca; Jose Mig- 
uel Romero, Alcalde ; Diego Sisneros. 

637 JUAN JOSS MONTOYA and seven others. 

Petition for lands. Las Vegas. 1846. Juan de Dios 
Maese, Alcalde. No final action. 



176 THE SPANISH ARCHIVES OF NEW MEXICO 

638 XPTOBAL NIETO. Santa Fe, 1700. 

Re-validation of his grant. Testimonio. Certified by An- 
tonio de Aguilera Isasi, Alcalde. 

639 JOSEF MANUEL GILTOMEY to Simon Nieto. Santa 
Fe, 1707. 

Land in Santa Fe. Antonio Montoya, Alcalde. Xptobal 
de Gongora. 

640 SEBASTIAN DE VABGAS to Maria de Naba. Santa 
Fe, 1710. 

Land. Diego Arias de Quiros, Alcalde. Xptobal de Gon- 
gora. 

641 JOSEF FEESQUI and Maria de Herrera, his wife, to 
Tomas Nunes. Santa Cruz de la Canada. 1716. 

Land. Juan Garcia de la Rivas, Alcalde. Juan Manuel 
Chirinos. 

642 SIMON NIETO to Juan Garcia de Noriega. Santa Fe. 

1728. 

Land. Diego Arias de Quiros, Alcalde. Juan Manuel 
Chirinos. 

643 QUESTION OF LANDS. 1752. 

Tomas Velez Cachupin, Governor; Nicolas Ortiz; Tomas 
de Alvear; Francisco Sisneros. 

Dispute between Jose Antonio Naranjo and Diego Tor- 
res in regard to the amount which the former paid to the 
latter for a house, which Naranjo on complaint of the 
Indians of San Juan, had been ordered to give up by 
Governor Velez Cachupin. 

It seems that the house in question was on lands of the 
Indians of San Juan; that Torres sold it to Naranjo; 
that the Indians made some complaint about it, the na- 
ture of which does not appear ; that Governor Velez ordered 
Naranjo to get out of the house ; that he obeyed the order 
in the month of March, 1753, and a few months later 
asked the governor to compel Torres to return to him the 
fifty pesos he had paid for the house ; that Torres made a 
statement before the governor to the effect that the price 
was only 10 or 12 pesos ; which was paid in 5 or 6 goats ; 
that Naranjo produced two witnesses whose testimony 
was conflicting ; that the governor, in view of the conflict- 
ing testimony and the slight importance of the case, or- 



THE SPANISH AKCHIVES OF NEW MEXICO 177 

dered Torres to return to Naranjo the five or six goats, 
and he further imposed perpetual silence upon both par- 
ties, under penalty of a fine in case either should again 
bring the matter up. 

There is nothing in the document to show the location 
of the house with respect to the pueblo of San Juan. 

644 FRANCISCO NIETO to Jacinto Perea. Santa Fe. 
1765. 

One-half of the land in the Pueblo Quemado purchased of 
Andres Montoya, of Cieneguilla. Francisco Guerrero, 
Alcalde. Antonio Guerrero. 

645 SETTLERS of SAN GABRIEL DE LAS NUTRIAS. 
1771. 

Abandonment of the settlement. Don Pedro Fermin de 
Mendinueta, Governor. Antonio Moreto. 

646 FRANCISCO TREBOL NAVARRO. 

Will. Santa Fe. 1785. Jose Maldonado. Cleto Miera.. 
Reference is made to the military chapel Capilla Cas- 
trense at Santa Fe ; also mentions the alf erez, Don Alberto 
Mainez, later a governor of New Mexico; also to Don 
Pedro Fermin de Mendinueta, former governor of the 
Province, as residing at Elizondo, in the Valley of Bastas, 
Province of Navarre. 

647 NICOLAS ORTIZ NINO LADRON DE GUEBARA. 
Santa Fe. 1742. 

Will. Francisco Guerrero, Alcalde. Antonio Ulibarri. 

There were many valiant cavaliers accompanying the 
conquistador, Captain-General Diego de Vargas Zapata 
Lujan Ponce de Leon, to the kingdom of New Mexico in 
the year 1693, not the least of whom was Captain Nicolas 
Ortiz Nino Ladron de Guevara. He was a most adventur- 
ous spirit, whom a restless love of enterprise induced to 
join the expedition under the great Spanish captain. 

An ancestor of Don Nicolas Ortiz Nino Ladron de Gue- 
varra had won the favor of the king by capturing from 
the Moors the city of Guevara, by which exploit he se- 
cured from his royal master the addition to his name 
"Nino Ladron de Guevara." 

When the expedition under de Vargas left El Paso, 
having in view the reconquest of New Mexico, Captain 
Nicolas Ortiz Nino Ladron de Guevara accompanied it 



178 THE SPANISH AECHIVES OF NEW MEXICO 

along with his family. His wife was Maria Anna Garcia 
Coronado; the oldest son bore the same name as the 
father. This son married Dona Juana Baca, and of the 
marriage there were three children, Nicolas Ortiz Nino 
Ladron Guevara, third, Francisco and Toribio Ortiz 
Nino Ladron de Guevara. The eldest married Dona 
Gertrudis Paez Hurtado, of which marriage there were 
two children, Juan Antonio and Antonio Jose. The last 
named married Dona Rosa de Bustamante, the daughter 
of Don Pedro de Bustamante, governor of the Province 
of New Mexico, of which union there were five children, 
among them a daughter, Ana Gertrudis Ortiz Nino La- 
dron de Guevara, who became the wife of Juan Domingo 
Baca. There were twelve children of this marriage, one 
of whom, Ana Maria, married Pedro Bautista Pino in the 
latter part of the eighteenth century. 

648 FEANCISCO OETIZ NINO LADEON DE GUEBAEA. 
Santa Fe. 1749. 

Will. Antonio de Ulibarri, Alcalde. Sebastian de Apo- 
daca. 

649 BAETOLOMS OLGUIN and Others. 1751. 

Petition for lands near the pueblo of the Picuries. Not 
granted. Tomas Velez Cachupin, governor. Manuel Sa- 
enz de Garvisu, Secretary. 

650 TOWN OF OJO CALIENTE. Ee-settlement. 1753. 

Bernardo de Bustamante y Tagle, Alcalde. Pablo Fran- 
cisco de Villapando; Bias Martin Serrano. 
Re-settlement of Ojo Caliente. 

651 ANTONIO DE OETEGA to Tomas de Ortega. Santa 
Fe. 1758. 

Land. Francisco Guerrero, Alcalde. Carlos Joseph Perez 
Mirabal. 

652 TOEIBIO OETIZ and MIGUEL DEALIEE. Santa Fe. 
1758. 

Petition. Rancho in La Cienega. Asking that it be par- 
titioned among the heirs under the will of Miguel de la 
Vega y Coca. Proceedings, etc. Testimonio. Certified by 
Francisco Guerrero, Alcalde. 

Nicolas Ortiz to Manuel Gallegos. Santa Fe. 1758. His 
share in said rancho in La Cienega. 




THE SPANISH ARCHIVES OF NEW MEXICO 179 

Francisco Guerrero, Alcalde. Manuel Bernardo Gar- 
visu. 

653 ANTONIO XIRON to Tomas de Ortega. Santa Fe. 
1767. 

Land. Francisco Guerrero, Alcalde. Nicolas Ortiz. 

654 MANUEL OLGUIN. Will. 

Inventory and partition of his estate. Santa Fe. 1767. 
Vicente de Sena, Alcalde. Joseph Garcia Jurado ; Fran- 
cisco Lobera ; Eugenio Perea. 

655 TOWN OF OJO CALIENTE. 

Re-settlement. 1768-1769. Manuel Garcia Pareja, Al- 
calde. Tomas Velez Cachupin, Governor. 

The names of many settlers are given in this item. 

The site of the ancient pueblos near the Ojo Caliente 
was re-settled during the rule of Governor Tomas Velez 
Cachupin. There were fifty-three families and the bound- 
aries of the tract as granted were "from the Canada de 
Los Cumanches to the tower (Torreori) of Jose Baca, de- 
ceased, with a small difference just below, its boundaries 
being on the north the Canada de Los Comanches ; on the 
south a landmark which I ordered to be constructed of 
stone and mortar with a holy cross of cedar placed in the 
center, just below the said tower of Jose Baca ; on the east 
the foot of the hill ; and on the west the foot of the other 
hills on the opposite side of the river. The leaders of this 
settlement were the sergeant Luis Duran and the district 
lieutenant, Gregorio Martin. 

A torreon (tower) was a sort of fortification used for 
purposes of defense and look-out against the hostile In- 
dians. 

656 TOWN OF OJO CALIENTE. 

Ke-settlement. 1769. Don Pedro Fermin de Mendinueta, 
Governor. Names of many of the settlers are given. 

657 LUCIA OETEGA vs. Eoque Lobato. Santa Fe. 1769. 

Question of lands. Don Pedro Fermin de Mendinueta, 
Governor. 

658 ANTONIO DE JESUS LUCEEO to Francisco Ortega. 
Santa Fe, 1776. 

Land. Manuel Garcia Pareja, Alcalde. Simon de Ar- 
menta. 



180 THE SPANISH AECHIVES OF NEW MEXICO 

659 ANTONIO OETEGA. 

Will. Santa Fe. 1781. Jose Maldonado, Alferez. Juan 
de Abrego. 

660 FEANCISCO DE ORTEGA. 

Will. Santa Fe. 1782. Manuel de la Azuela, Captain. 
Salvador Tenorio. 

661 ANTONIO ORTEGA. 

Will. Inventory and partition of his estate. Santa Fe. 
1785. Jose Maldonado, Teniente. Juan Bautista de Anza, 
Governor. Jose Miguel Maldonado; Jose Andres Calles. 

662 JOSEFA BUSTAMANTE to Antonio Josef Ortiz. 
Santa Fe, 1784. 

House and land. Juan Bautista de Anza, Governor. An- 
tonio Jose Ortiz; Francisco Perez Serrano; Bernardo de 
Miera y Pacheco. 

663 BAETOLOMfi FEENANDEZ to Miguel Ortiz. 1785. 

Land in the Majada Tract. Jose Maldonado, Teniente. 
Jose Miguel Maldonado. La Majada Claim, q. v. 

664 TOWN OF OJO CALIENTE. 

Grant. 1793. Reported Claim No. 77, q. v. 

665 CAEMEN PEEEA, deceased, by her administrator, 
Manuel Delgado, to Jose Maria Vivian de Ortega. Santa 
Fe, 1804. 

Land. Jose Maria Vivian de Ortega to Maria Feliciana 
Padilla, Santa Fe, 1805. Conveyance of the above land. 

666 FELICIANA PAULA OETIZ Y BUSTAMANTE. 

Will. Santa Fe. 1815. Matias Ortiz, Alcalde. Jose 
Campo Redondo. Cristobal Maria Larinaga, Secretary. 

667 MATIAS OETIZ. Pojoaque. No date. 

Complaint against Tomas Sena, Alcalde. 

668 INDIANS OF LAGUNA vs. Joaquin Pino. 

Protest against his occupation of land in the Rillito (Ri- 
yito] Tract. 1815. Joseph Vicente Ortiz, Alcalde. Pedro 
Maria de Allande, Governor. 

The various grounds on which the protest was based 
are unimportant in view of the fact that Governor Pedro 
Maria de Allande, on October 16, 1816, after a hearing at 



THE SPANISH ARCHIVES OF NEW MEXICO 181 

which the alcalde, twelve Indians from Laguna, and Don 
Joaquin Pino were present, decided in favor of Pino. 

Certain services required, free of charge of the Pueblo 
Indians are recited in the following statement, which is 
preserved here on that account. 

"Don Jose Manuel Aragon, chief justice and war cap- 
tain of these pueblos of Acoma, Laguna, settlement of 
Ceboletta, and its districts: 

"In view of the resignation I have tendered of the 
office I have held on this frontier for the period of over 
twenty years, Jose Alarigua, governor of this Pueblo of 
San Jose de la Laguna, and the chiefs thereof, together 
with their interpreter, Antonio Herrera, appeared be- 
fore me, asking me to leave them a statement of the gov- 
ernment and orders given by the honorable governors of 
this province, urgently requesting me to see if by this 
means they could be relieved from the disorders and 
grievances the pueblo formerly suffered in the changes of 
justices and ministers, and providing against a recur- 
rence of the same thing in the future ; and, in compliance 
with this just demand, I have executed on this paper 
this declaratory statement, saying as I do say, that being 
present at the general visits made to this Pueblo by 
Governors Don Fernando Chacon, Don Joaquin del Real 
Alencaster, Don Alberto Maynes, and Don Jose Man- 
rique, authorizing these Indians to extend their fields be- 
yond the league granted to them by the King as far as 
they could plant, for the actual support and maintenance 
of their families. The pueblo being situated in such a 
locality as not to afford them a sufficient quantity of ar- 
able land within the league allowed by the King, and this 
pueblo having formerly suffered this scarcity of land for 
cultivation when this province was governed by Don 
Tomas Velez Cachupin, these Indians purchased the 
Rancho called Paguati, situated to the north and adjoin- 
ing the site of Cebolleta, distant three leagues from this 
pueblo. This rancho was formerly granted to Pascual 
Pajarito, Vicente Pajarito, Antonio Paguati, and Miguel 
Magnino, and having possessed it for thirty years, they 
sold it to the Pueblo; and certain citizens having peti- 
tioned and asked for permission to settle there they have 
not been allowed to do so by the Superior Government, 
as it was a purchase made by the Indians, who held a 
deed authorized by the former alcalde of this pueblo, Don 
Antonio Sedillo. 



182 THE SPANISH ARCHIVES OF NEW MEXICO 

"In regard to the land towards the east, they have 
been allowed to plant on the rancho known as El Rito, 
and therefore also the Canada de Los Gigantes to the Ojo 
del Chamiso, together with the Rancho commonly called 
San Juan, for pasture lands for their animals, the fron- 
tier being so much exposed that they cannot risk them in 
any other direction. On the west they have the site 
known as Cubero, where they have fields under cultivation 
and an acequia of their own, and they irrigate with the 
same water that passes through this Pueblo; and in the 
same westerly direction, distant a mile from said Pueblo, 
is the rancho called Santa Ana, where they hold lands 
for cultivation in common, as far as the alcalde is con- 
cerned, who is to reside in this pueblo, he is forbidden 
by superior orders from availing himself of the labor of 
the Indians for any purpose except by paying them the 
just value of their labor; neither can he compel them to 
serve on escorts for private individuals unless required 
by the government to treat upon subjects connected with 
the royal service. 

1 'As far as the officiating minister (priest) is con- 
cerned, he is placed upon the same terms as the alcalde, 
without any authority to tax the pueblo or any Indian 
with services excepting a sexton to ring the bell and the 
feed of a horse, which is to be furnished by the pueblo in 
case it should be necessary for him to hear confession. 

"This is the method established by the government for 
the good administration of these Pueblos, and having no 
private malice to accomplish, and at the request of the 
Indians of the Pueblo of Laguna, I leave this statement, 
which I signed on the 25th day of March, 1813. 

"MANUEL ARAGON 
"Santa Fe, August 28, 1826. 

"Approved so far as this government is concerned and 
legal and formal in its contents. NARBONA." 

Colonel Narbona was governor at this time. 

On the margin of the above instrument (grant) appear 
the following notations: 

* ' This document is to remain in the hands of Don Juan 
Miguel Cacique and at his death in the hands of his two 
daughters, Catarina and Josefa, who have the same right 
and interest in the site together with Don Vincente Ro- 
mero, included in the same interest. [Rubric.] 

"The site of Cubero, mentioned in this document, and 
the water running through it, is the only water these In- 



THE SPANISH AECHIVES OF NEW MEXICO 183 

dians have the use of, as this proceeds from the Ojo del 
Gallo; therefore if the said spring is settled upon, these 
poor Indians would perish, as it is the same water which 
reaches to the pueblo and these Indians are entitled to 
it, being old settlers in good faith for more than one 
hundred years. [Rubric.] 

"In this year one thousand eight hundred and twenty, 
Don Ignacio Sanchez Vergara, Protector General of the 
Indians, of this Province of New Mexico, executed a docu- 
ment alike to the instrument authorized by Don Antonio 
Sedillo, in the year one thousand seven hundred and 
sixty-nine; and for not stating three boundaries which 
said Protector did not mention in his document, the 
parties mentioned in said document requested me to 
make a copy thereof, stating the boundaries to which the 
rancho of Paguati is entitled, which document is of the 
tenor following : 

"For this Pueblo of Jemes, on the first day of June, in 
the year one thousand eight hundred and twenty, a docu- 
ment authorized by the former alcalde of the pueblo of 
Laguna was presented to me by Lorenzo and Alonzo, 
Santiago, Alonzo, segundo, Toribio and Rita, native In- 
dians of said pueblo, requesting me to take charge of the 
interests they represented in the rancho called Paguati; 
and having registered it, I find that Don Antonio Se- 
dillo, the said alcalde at that time, took cognizance of a 
suit brought by Juan Paguati and Pascual Pajarito, both 
residents of said pueblo, and it was ordered that each one 
should quietly remain upon his own property, without 
disturbing the other. 

"Such being the case, and as Protector of the Indians 
for the Royal Audience of Guadalajara, to whom alone it 
is proper for the Indians to refer matters of a common 
or private nature, if they are in any way aggrieved, or 
if they have not a sufficient amount of land with that the 
law allows them, or that they may have legally acquired, 
and by virtue of the ancient possession of said lands to 
which the said natives refer, called the rancho of Paguati, 
acquired by a legal title, and that the new settlement of 
Cebolleta, granted by Governor Don Fernando Chacon to 
certain citizens, and possession given by the alcalde, Don 
Jose Manuel Aragon, with the formalities required by 
the laws of possession and settlement, the boundaries hav- 
ing been marked out. 

"The aforesaid rancho and its boundaries in the direc- 



184 THE SPANISH AECHIVES OF NEW MEXICO 

tion of Cebolleta remained free with its ancient appurte- 
nances as far as the table land of El G-abilan, to the south 
of La Cuesta, on the west to the Rito del San Jose, and 
on the east to the Cafioncito del Cajo. 

"The new settlers of Cebolleta were satisfied with their 
boundaries at the table land of El Gabilan, adjoining the 
holders in good faith. 

"The want of land by these Indians is to be taken into 
consideration, and that the tract of Paguati is the only 
one that in a measure aids them with the scant produce 
in their misery; and although at the commencement they 
had more land extending as far as El Rito, they were re- 
stricted by Don Joaquin Pino to a tract of waste land, he 
having deprived them of the said land by virtue of a 
right to it held by his late father, whom he represents, 
but which land had been abandoned for more than thirty 
years. Nevertheless, his title was recognized, and they are 
so much reduced that the only aid they receive is from 
Paguati, where the principal owners cultivate the soil in 
common with the pueblo, and those who have no lands to 
cultivate for their support are in a measure relieved. 

"All of which has been well premeditated and consid- 
ered, and will be shown whenever an effort is made to in- 
jure them by depriving them of the ancient possession of 
Paguati. There is no doubt that, presenting themselves 
in person or through their protector to the Superior Au- 
dience, they will be allowed to remain in peace, in the 
enjoyment of what is unquestionably theirs. 

"In testimony whereof, and in compliance with the 
duties so repeatedly enjoined upon me by the royal laws 
of the Recopilacion of the Indies, I executed this docu- 
ment for their protection, as Protector of the Indians, 
who are so highly recommended to me by the attorney, 
protector-general of the Indians, and for its due authen- 
ticity, I signed on this said day, month and year. 

"I signed this as a witness to the truth of the state- 
ment made by the Protector. EUSEBIO ARAGON 

' ' This document is approved, etc. NARBONA ' ' 

Laguna Pueblo Tracts called the Laguna Purchases. 
Reported No. 30; File No. 68. 

This covers five ranches called Paguate, El Rito, Gi- 
gante, San Juan and Santa Ana, all near the pueblo of 
Laguna. The claim was confirmed by Congress, June 21, 
1860. It was patented September 22, 1884. 




THE SPANISH AECHIVES OF NEW MEXICO 185 

Some Navajos wanted to leave Encinal, San Jose, and 
Cubero, where they had lands planted, to go to "Chelli" 
to join their companions for fear of the Cumanches. They 
asked the governor (Allande) to give them a paper which 
would prohibit the Spaniards from taking their lands 
while they were absent and to notify them at Laguna in 
the event he heard of the Cumanches coming into the 
country, so that they would receive word from Laguna 
in time to make their escape. 

669 IGNACIO OETIZ. Santa Fe, 1824. 

Petition for lands between the pueblos of Santo Domingo 
and San Felipe. Referred to Provincial Deputation. Bar- 
tolome Baca, Jefe Politico. 

670 JOSS IGNACIO ORTIZ. Santa Fe. 1824. 

Grant. Small piece of land. Possession by Santiago 
Abreu, Alcalde. Bartolome Baca, Jefe Politico. Ramon 
Abreu, Secretary. 

671 ANDRES ORTEGA. Alburquerque. 

Petition for lands. 1825. Referred to the Provincial 
Deputation. Bartolome Baca, Jefe Politico. 

672 JUAN RAFAEL ORTIZ. Santa Fe. 

Petition for land in Santa Fe. 1831. Refused by Terri- 
torial Deputation. Abreu, Secretary Territorial Deputa- 
tion. Pablo Montoya, Ayuntamiento. Domingo Fernan- 
dez, Ayuntamiento. Teodosio Quintana, Secretary pro 
tern of Ayuntamiento. 

673 JUAN RAFAEL ORTIZ. Petition. Santa Fe, 1833. 

Same as No. 672. No final action. Mateo Sandoval, Sin- 
dico. 

674 JOSfi FRANCISCO ORTIZ and Ignacio Cano. 1833. 

Reported Claim No. 43, q. v. Ortiz Mine Grant. 

In 1833 about 69,458 acres in Santa Fe county, N. M., 
were granted to Jose Francisco Ortiz and Ignacio Cano. 
This property was known as the Ortiz Mine Grant. It 
conflicts with the grant known as the Mesita de Juana 
Lopez, upon which latter are located the coal mines in 
the vicinity of Madrid. In 1836, Ignacio Cano conveyed 
to Ortiz all his interest in the grant. Ortiz died in 1848, 
leaving the property to his widow, Maria Inez Montoya, 
who, in 1853, conveyed the property to John Greiner. In 



186 THE SPANISH AECHIVES OF NEW MEXICO 

1854, August 19, Greiner sold the property to Charles E. 
Sherman and associates, who in turn disposed of it to the 
New Mexico Mining Company. This grant was confirmed 
by Congress in 1861. Upon this property are situate val- 
uable gold mining properties. 

675 SANTA FE. AYUNTAMIENTO. 

Two pages of the proceedings, 1836. Names of members : 
Agustin Duran ; Felipe Sena ; Jose Maria Alarid ; Antonio 
Maria Ortiz; Gaspar Brito; Antonio Sena; Jose Fran- 
cisco Baca y Terrus ; Jesus Komero ; Domingo Fernandez, 
Secretary. 

676 JUAN OTEEO. 

Grant. 1845. Reported Claim No. 106, q. v. 

677 ANTONIO JOSS DE OTEEO. 1846. Grant. "Ojode 
la Cabra." 

Letter of Miguel Altamirano of the Superior Tribunal de 
Justicia del Departamento de Chihuahua. Archive No. 
676 and Eeported Claim No. 106, q. v. 

This claim was rejected by the court of private land 
claims. 

Proceedings in the matter of the Ojo de la Cabra ranch 
claimed by Antonio Jose de Otero, of which ranch he 
claimed he had been unjustly dispossessed. It appears 
that the matter had reached the superior tribunal of 
justice of the department of Chihuahua, and that tri- 
bunal wrote to the governor of New Mexico inquiring 
whether the general laws of February 28 and March 2, 
1843, in regard to superior tribunals, were in force in 
his department, and whether in compliance with articles 
2 and 25 thereof the tribunal of second instance had been 
created, or the Assembly (asamblea) in exercise of its 
constitutional powers had created the tribunal in some 
other manner which it considered better. 

On April 16, 1846, Governor Manuel Armijo wrote to 
the president of the Assembly, requesting him to lay the 
matter before that body for its official action. 

There is nothing in this archive to show that the As- 
sembly took any action on the matter. 

The Ojo de la Cabra is situated within the boundaries 
of the grant to the pueblo of Isleta, at a distance of about 
10 or 11 miles east of the Kio Grande. 

A claim covering this tract was filed with the surveyor- 



THE SPANISH AECHIVES OF NEW MEXICO 187 

general on January 29, 1875, under the Act of July 22, 
1854, but the claim was never acted upon by Congress. 

After the creation of the U. S. court of private land 
claims, a petition was filed therein, on March 2, 1893, ask- 
ing the confirmation of the grant, but it was rejected on 
November 30, 1896. An appeal was taken to the supreme 
court of the United States, and that court, on January 
18, 1899, dismissed the appeal. 

678 SEBASTIAN DE SALAS to Tomas de Herrera. Santa 
Fe, 1703. 

Lands in Santa Cruz. Antonio de Montoya, Alcalde. 

Xptobal de Montoya. 

TOMAS DE PALOMINO to Thomas de Herrera. Villa 
Nueva de Santa Cruz. 1700. 

Land. Roque Madrid, Alcalde. Miguel Ladron de Gue- 

barra. 

JUAN DE PAZ BUSTILLOS to Tomas de Herrera. Santa 
Fe. 
ANTONIO AGUILEKA ISASI, alcalde. 

Land in Santa Cruz. Confirmation of the three foregoing 

conveyances by Juan de Ulibarri, Juez Visitador. Villa 

Nueva de Santa Cruz, 1709. 

679 SEBASTIAN DE MONDRAGON to Silvestre Pacheco. 
Santa Fe. 1708. 

Land. Juan Garcia de la Rivas, Alcalde. Francisco 
Lorenzo de Casado. 

Silvestre Pacheco to Nicolas Ortiz. Santa Fe, 1708. 
The above property. Juan Garcia de la Rivas, Alcalde. 

680 MAEIA DE PEREA. Santa Fe. 1715. 

Will. Diego Arias de Quiros, Alcalde. 

This refers to the parish church of Santa Fe. 

681 DIEGO DE PADILLA. Grant. 1718. 

Reported Claim No. 146. El Tajo Grant, q. v. 

This claim was filed in the court of private land claims, 
confirmed and surveyed for nearly 52,000 acres. It lies 
east of the Rio Grande and the northern boundary is that 
of the south boundary of the grant to the Isleta pueblo. 
It was always supposed that this property belonged to 
the Indians of Isleta, but it has recently been ascertained 



188 THE SPANISH AECHIVES OF NEW MEXICO 

that numbers of persons living within its boundaries have 
rights by purchase from the Indians many years ago. The 
original grantee was Diego Padilla, whose heirs sold to 
the Indians of Isleta about the middle of the eighteenth 
century. It was patented April 9, 1908. See archive 
684. 

682 JOSEPHA SEDANO to Juan de la Mora Pineda. 
Santa Fe, 1722. 

House and land. Francisco Bueno de Bohorques y Cor- 
cuera, Alcalde. 

Refers to the "Rio Grande de dicha Villa" and to the 
"Rio CMquito de dha Villa/' Santa Fe. 

683 ANTONIO BEENAL of La Canada to Antonio Pache- 
co. 1729. 

Land in Santa Fe. Miguel Joseph de la Vega, Alcalde. 

684 DIEGO DE PADILLA vs. Indians of Isleta. 1733. 

Question of pasturage. Gervasio Cruzat y Gongora, Gov- 
ernor. Juan Goiizales Bas, Alcalde. 

Dispute between Diego de Padilla and the Indians of 
Isleta in regard to the former's flocks trespassing on the 
planting lands of the latter, and also in regard to the 
destruction of poles, forming a corral belonging to Padilla 
by the said Indians. Year 1733. 

The decision, by Governor Cruzat y Gongora, was fa- 
vorable to the Indians. 

685 DIEGO PADILLA. Will. 

Inventory and partition of his estate. Alburquerque. 
1736. Eurique de Olavide y Michelena, Governor. Pedro 
Joseph de Leon; Bernardo de Bustamante. 

686 JUAN PACHECO vs. ANTONIO MAETIN. 

Question of inheritance of his wife, Santa Cruz, 1736. 
Juan Estevan Garcia de Noriega, Alcalde. Joseph Garcia 
de Noriega ; Juan Felipe Rivera. Gervasio Cruzat y Gon- 
gora, Governor. 

687 JUAN JOSEPH PACHECO vs. Sebastian Martin. 

Question of right to build on certain land. Santa Cruz 
de la Canada. Juan Estevan Garcia de Noriega, Alcalde. 
Tomas Veles Cachupin, Governor. Francisco Valdes y 
Bustos. 






THE SPANISH AECHIVES OF NEW MEXICO 189 



688 NUESTEA SENOEA DE LA LUZ SAN FERNANDO Y 
SAN BLAS. 

Grant on Rio Puerco to twelve families of Alburquerque. 
1753-1759. The names of these twelve families are given 
in the grant. See conditions imposed as to pasturage in 
common. Tomas Veles Cachupin, Governor. Antonio 
Baca, Alcalde. Antonio Marin del Valle. Phelipe Ta- 
foya, Procurador. 

689 JUAN ANTONIO DE AECHULETA to Marcos Pache- 
co. Santa Fe, 1755. 

Land on the other side of the Santa Fe river. Francisco 
Guerrero, Alcalde. 

690 SEBASTIAN MAETIN to Heirs of Juan Pacheco. 
Nuestra Senora de la Soledad del Rio Arriba. 1763. 

House and lot, etc. Carlos Fernandez, Alcalde. Pablo 
Francisco de Villapando. 

691 TOWN OF EL PASO DEL EIO DEL NOETE and Town 
of San Lorenzo. 

Question as to right to use timber, etc. 1765. Pedro de 
la Puente, Justicia Mayor de El Paso. Juan Antonio 
Calderon; Tomas Veles Cachupin, Governor; Lorenzo 
Antonio Quaron; Carlos Fernandez. 

692 SAN FEENANDO DEL EIO PUEECO. 1767. 

Complaint of raids of Apaches. Don Pedro Fermin de 
Mendinueta, Governor. Bartolome Fernandez. 

693 JUAN ANTONIO DE AECHULETA to Francisco Pa- 
dilla. Santa Fe, 1767. 

Francisco Guerrero, Alcalde. 

694 TOWN OF ATEISCO, 1768. 

Reported Claim No. 145, q. v. 

695 FEANCISCO PADILLA. Isleta. 1768. 

Relating to the sale of one-seventh of the Diego Padilla 
Grant to Clemente Gutierrez. Don Pedro Fermin de 
Mendinueta, Governor. Francisco Trebol Navarro, Al- 
calde. 






190 THE SPANISH AKCHIVES OF NEW MEXICO 

696 JOSEPH PACHECO, Santa Fe, 1771, vs. Juan de Al- 
ari. 

Question of boundaries. Don Pedro Fermin de Mendin- 
ueta, Governor. Juan Antonio Alari. 

697 EUGENIO PEEEA, Bernalillo, vs. Eoque Gallego, 
1785. 

Question of land. This is a very voluminous document 
about 75 pages. 

698 JUAN PADILLA. 

Petition and proceedings in the partition of estate of Se- 
bastian Martin and Maria Lujan, deceased. 1772. Pedro 
Fermin de Mendinueta, Governor. Salvador Garcia de 
Noriega, Alcalde. Sebastian Martin Grant, reported, q. v. 

The Sebastian Martin Land Grant was originally made 
in 1711, by the governor and captain-general of New Mex- 
ico, to Captain Sebastian Martin, one of the most prom- 
inent men of his day; the grant embraced the valley of 
the Rio Grande on both sides of the river from the bound- 
ary of the grant to the pueblo of San Juan on the south 
to the end of La Joya on the north and to the east as far 
as Las Trampas. The settlements of Plaza del Alcalde, 
Los Luceros, La Villita, and La Joya, are all within the 
original grant. The grant contained over 40,000 acres. 
The Indians of San Juan claim that Captain Sebastian 
Martin gave them a piece of the land in the valley in pay- 
ment for services in constructing the first great irrigation 
ditch on the east side of the Rio Grande. 

The documents in the Sebastian Martin Grant show 
that, in 1703, the original grantee, in company with 
others, registered a tract of land in what is now Rio Ar- 
riba county, the original petition being lost. It seems 
that Captain Martin, alone of those originally asking for 
the tract, cultivated or remained upon any part of it. He 
petitioned the Marques de la Penuela, asking that the 
grant be made to him alone, as the others had forfeited 
any right which they might otherwise have had. There 
is no date to the petition, which is as follows: 

* ' Captain Sebastian Martin, resident of the jurisdiction 
of the Villa de Santa Cruz, appears before the greatness 
of your excellency with profound submission, and in the 
most approved manner the law allows me, and states, that 
whereas in the year 1703 Antonio Martin and myself reg- 



THE SPANISH AECHIVES OF NEW MEXICO 191 

istered and denounced for both of us a vacant, unculti- 
vated, and unoccupied tract of land in Rio Arriba [torn] 
a short distance from the pueblo of San Juan [torn] 
present year, which many years ago was registered by 
Joseph Garcia Jurado, Sebastian de Vargas, and Sebas- 
tian de Polonia, who never occupied it, for which reason 
they lost all rights and title to it as His Majesty (whom 
may God preserve) has ordered and directed in his royal 
laws, which registration and denouncement was made by 
us before the Marques de la Nava de Brazinas, governor 
and captain-general of this kingdom, who by virtue there- 
of was pleased to confer the grant upon us in the name 
of His Majesty, declaring the first parties without any 
right according to the royal laws, in order that they should 
never lay any claim to said tract, and therefore royal pos- 
session was given to me by the sergeant major, Juan de 
Ullibari, by virtue of a commission given to him for that 
purpose by General Don Francisco Cuervo y Valdes, which 
I took quietly and peaceably without any opposition what- 
ever; and myself, as well as five of my brothers, have re- 
sided upon and possessed the same from that time. I 
have broken up lands, opened a main ditch from the Rio 
del Norte for irrigating the land, built a house with four 
rooms, and two strong towers for defense against the en- 
emy in case of an invasion, being on the frontier ; and the 
portion belonging to Antonio Zisneros was bought by me 
at royal sale from Josefa Lujan, widow of the said An- 
tonio Zisneros, which sale was effected and took place be- 
fore the Captain Antonio Montoya, who at that time was 
judge of first instance; and, whereas, all the said instru- 
ments, deeds, and titles belonging to said tract and lands 
have been lost and I have not been able to find them al- 
though I have diligently sought for them, and although 
the laws would protect me in holding them, being in pos- 
session in good faith, in case I have not registered them, 
however justice intervening, your excellency will be 
pleased in view of what I have stated, to grant to me, in 
the name of his Majesty, the said tract and arable land, 
also for raising cattle and horses, with waters, pastures, 
woodland, and watering places, in the manner in which 
said royal possession was given to me, and to the boundary 
signed and measured by Lieutenant-General Juan Paez 
Hurtado, who ran the line from the said pueblo of San 
Juan to where he ordered a cross to be placed as proof of 



192 THE SPANISH ARCHIVES OF NEW MEXICO 

a boundary, and the others up the river to the canon 
which reaches to El Embudo, and on the east to the river, 
which leads from Chimayo to the Pueblo of Picuries, and 
on the west to a table land on the other side of the Rio 
del Norte; all of which was given to me in royal posses- 
jsion by the said sergeant-major as above stated. 

"SEBASTIAN MARTIN" 

"In the capital city of this kingdom and province of 
New Mexico, on the twenty-third day of the month of May, 
in the year one thousand seven hundred and twelve, the 
foregoing petition was presented before me, Admiral Don 
Joseph Chacon Medina Salazar y Villasenor, gentleman 
of the Order of Santiago, Marques de la Penuela, gov- 
ernor and captain-general of the said kingdom, its pro- 
vinces, and Castellan of its forces and garrisons by His 
Majesty, the contents whereof having been seen by me, I 
consider it presented as the law requires; and in consid- 
eration of its contents and the reasons upon which he 
bases his petition, I confer upon him the new grant as he 
has held, enjoyed, and possessed it, as appears by his pe- 
tition, and of which I declare him to be the lawful owner, 
notwithstanding any right which any of said citizens may 
claim to said lands, who now, or hereafter shall be heard 
in court or out of court ; and I pray and enjoin upon my 
successors to protect him in the rights he is so justly en- 
titled to, as during the time of my government, I have 
known him to be the lawful owner thereof, as is well 
known, declaring, as I do declare, without any legal right, 
any person who, with evil intentions, shall denounce said 
land, or who shall enter suit against the petitioner for any 
private end or any sinister motive, against the said Se- 
bastian Martin ; and by virtue thereof I hereby revalidate 
and confirm this grant, as he requests, in order that he 
may enjoy the same for himself, his heirs and successors, 
without injury to his person, declaring, as I do declare, 
as null and void, any other instrument (with which an 
adverse claim might be set up against him) the said Se- 
bastian Martin having occupied the land as his Majesty 
directs, and having remained there at the immediate risk 
of losing his life by the hands of the common enemy, said 
tract being situate on the frontier, where he has persisted 
in remaining up to this day ; and I direct my secretary of 
government and war, Sergeant Cristobal de Gongora, to 




Facsimile of Signature of Don Domingo Jironza Petriz de Cruzate, Governor and 
Captain-General, 1683-6, 1689-91. 




Facsimile of Signature of Don Joaquin Codallos y Rabal, 
Governor and Captain-General, 1744, 1749. 




Facsimile of Signature of General Felix Martinez, Gov- 
ernor and Captain-General, 1715-1717. 




Facsimile of Signature of Don Juan Ignacio 
Plores Mogollon, Governor and Captain-Gen- 
ral, 1712-1715. 



Facsimile of Signature of Don Pedro Rod- 
riguez Cubero, Governor and Captain-General, 
1697-1703. 



THE SPANISH AECHIVES OP NEW MEXICO 193 

proceed to said tract of land and leave the said Sebastian 
Martin in quiet and peaceable possession, assigning him 
the boundaries he asks for. 

"EL MARQUES DE LA PENUELA 
"Before me: 

"XPTTOBAL DE GONGORA, 

' ' Secretary of Government and War. ' ' 
The original of this document is very much worn and 

in places the writing is almost entirely obliterated. 
It bears the seal of the governor's coat of arms. A 

portion of this land was given to the town of Las Trampas 

by the original grantee, Captain Martin. 

699 JOSE DE LA PENA. Santo Domingo. No date. 

Petition for lands between the pueblos of Santo Domingo 
and San Felipe. No action. 

700 HEIES OF PINO vs. HEIRS of GUTIEEEES. Chi- 
huahua, 1909. 

Letter of Francisco del Valle, of the Real Audiencia. 

701 JOSS UVALDO PINO. 

Petition. 1811. For lands in "El Sausal." Valencia 
county. Manrique, Governor. Jose Antonio Chaves, Al- 
calde. 

702 JOSfi ANTONIO PADILLA. 

Petition, 1814. Sevilleta. Ejectment. Manrique, Gov- 
ernor. Jose Antonio Chaves, Alcalde. 

703 JUAN DE BIOS PENA, Francisco Ortiz and Juan Bau- 
tista Aguilar. 

Petition for lands on the Pecos. Santa Fe, 1814. Manrique 
Governor. No final action. 

"To the lieutenant colonel and acting governor, Juan 
de Dios Pena, a retired ensign of this royal garrison, for 
himself and in the name of Don Francisco Ortiz, 2d, and 
Don Juan de Aguilar, residents of this capital, appear be- 
fore your excellency with the greatest attention and due 
respect that by law is conferred, and saith : Sir, that hav- 
ing large families and owners of some stock, and not 
owning sufficient pasture ground for our animals, nor 
sufficient tillable land for the very necessary maintenance 
of ourselves and families, we have recorded a tract of 



194 THE SPANISH ARCHIVES OF NEW MEXICO 

land at this time, wild and unsettled, which is situate in 
the vicinity of the Pecos Pueblo, to the west, beyond the 
limits of the Pueblo, as is well known by the protector of 
the Indians and the alcalde of that jurisdiction, both of 
whom are aware that our petition is not in prejudice to a 
third person nor to the Indians of that district, for which 
reason we present this petition that if your excellency 
may deem it proper, and being your pleasure, respectfully 
ask that you will grant the same to us in the name of 
H. M., (whom may God preserve,) (de S. M. Q. D. G.) 
obligating ourselves to settle and cultivate the same with 
the greatest possible exertions, and will keep arms, horses, 
horse equipage, and all other necessaries for our pro- 
tection and the defense of the country. Therefore we re- 
spectfully ask and request your excellency to be pleased 
to order to be done as we petition, that in so doing we 
will receive the mercy and grace we petition for. 

"JUAN DE DIGS PEN A 

"Santa Fe, March 28, 1815." 

"Santa Fe, March 27, 1815. 

"Let the Protector of the Indians report. 

"MAYNES" 

"In exact compliance to instructions from H. E., and 
in view of the solicitude of the petitioners of the said tract 
of land I answer: Sir that the said tract of land is 
independent of the league and labor of the natives of that 
pueblo, at regular distance and entirely separated from 
the possession of said pueblo, nor is it in injury to a third 
person. Your excellency can, therefore, accede and con- 
cede the grant, it being your pleasure to do so, because 
the wish of the king is that the desert tracts and places 
shall be settled, permanent settlers having arms, horses, 
horse equipage, and all other necessaries for their defense 
as they promise to keep. In which view you may grant 
their petition, or as you may please to determine which 
will be best. FELIPE SANDOVAL. 

"Santa Fe, March 28, 1815." 

' ' The first alcalde of this capital will make a report of 
what he knows of himself or by the reports of others re- 
lative to their petition. MAYNES" 

" Santa Fe, March 28, 1815. 
"To THE GOVERNOR OP THIS PROVINCE: 

In view of the protector's report, I would say: Sir, 
that everything therein set forth is true, and your excel- 
lency may determine as you may deem proper, for the 



THE SPANISH ARCHIVES OP NEW MEXICO 195 

petition presented by the parties does not injure any 
person. MATIAS ORTIZ" 

' 'Santa Fe, March 29, 1815. 

"The first alcalde, Don Matias Ortiz, being acquainted 
with the order of the establishment, will comply with the 
petition, who will measure the pieces (suertes) of tillable 
land, limiting the grants solely to the land they plough 
and plant, with the obligation that they shall enclose the 
same to prevent the recovery of damages, because the 
ground must be common and public pastures for the In- 
dians and citizens that have a right therein. 

"MAYNES" 
''Santa Fe, June 30, 1815. 

"In due compliance with the decree of the governor of 
this province, Don Alberto Maynes, under date of the 29th 
of March, one thousand eight hundred and fifteen, I, Don 
Matias Ortiz, first alcalde of the town of Santa Fe and 
its jurisdiction, proceeded to put in possession Don Juan 
de Dios Pena, retired ensign, as principal petitioner of 
this grant, and, at the same time, Don Francisco Ortiz 
and Don Juan de Aguilar, as companions of said ensign ; 
and, having arrived at the Pueblo of Pecos, I measured 
the league commencing at the cross of the cemetery up 
the river and having measured the entire league of the 
Indians on the residue, I took Juan de Dios by the hand, 
and at the same time his companions as partners in the 
said possession, and conducted them over the ground, 
placing them in legal possession, together with other in- 
dividuals who entered in the same possession; whereupon 
I delivered the same to them in the name of his Majesty, 
(whom may God preserve) ; they pulled up grass, threw 
stones, and cried out, saying long live the King of Spain, 
my lord, Don Fernando Seventh, by the grace of God; I 
then proceeded to deliver to each individual the pieces 
(suertes )of land that he was entitled to, giving them to 
understand that this grant protected them in the posses- 
sion of the (suertes) land that I had delivered to them, 
as also to lots for houses and building pens on, and that 
the other land should remain common pasture ground and 
watering places; whereupon they received possession 
without any opposition. I directed them at the same time 
that their houses should be built close together for their 
own defense ; that they should enclose their fields, in order 
not to claim damages; and, also, that they must cultivate 



196 THE SPANISH ARCHIVES OF NEW MEXICO 

their lands for the term of five years, in order to acquire 
a good title thereto, and be able to sell the same to any 
other person; and, further, that any person who should 
abandon the land and not cultivate the same for one year, 
the land should be taken from him and given to another ; 
and therefore thus I approved, ordered, and signed, with 
the witness in my presence, with whom I acted in the ab- 
sence of a royal notary public, there being none of any 
class in this government : to all of which I hereby certify. 

"MATIAS ORTIZ 
"Witnesses: 

"JOSE SlLVA 

"YGNACIO ORTIZ." 

704 JOSS MAETIN PADILLA. Santa Fe, no date. 

Inventory of his property, etc. No. 705, q. v. 

705 JOSS MAETIN PADILLA, Santa Fe, 1818. 

Inventory of his estate. Fernando Delgado, Alferez. 

706 JOSfi MIGUEL PEEEZ. Abiquiu. 1818. 

Registration of a mine. 

707 JUAN ESTEVAN PINO vs. Jose Apodaca. Santa Fe, 
1819. 

Sale of a house in Santa Fe. Jose Francisco Ortiz, Al- 
calde. Facundo Melgares, Governor. 

708 JUAN ESTEVAN PINO, 1824. 

Protest of people of San Miguel del Bado against grant to 
him on their lands. Referred to the Territorial Deputa- 
tion. Bias Baca, Sindico Procurator. 

709 MAEIA MANUELA PEEEA vs. Jose Garcia de la 

Mora, Alcalde. Abiquiu. 1824. 

Question of lands bought from the Indians of Abiquiu. 
Bartolome Baca, Governor. 

710 PEDEO JOSfi PEEEA. 

Grant on the Pecos, 1825. Made by the Territorial Depu- 
tation. Antonio Chaves. Grant made at same time. 
Bartolome Baca, Governor. Juan Bautista Vigil, Secre- 
tary. 

711 GEOEGE E. PEATT, Santa Fe. 1833. 

Petition to erect a saw-mill and tannery in Santa Fe 



THE SPANISH AKCHIVES OF NEW MEXICO 197 

canon. No action taken because of ignorance as to 
whether the place asked for was on land of Juan Jose 
Lujan. 

Reported Claim of Santiago Ramirez, q. v. This land 
is below Monument Rock in Santa Fe cafion. Abreu, 
Governor. Santiago Abreu, President of the Ayunta- 
miento. 

712 DIEGO PADILLA. 

Will, Santa Fe, 1833. Antonio Sena, Alcalde. 

713 JUAN ESTEVAN PINO vs. Ayuntamiento de Santa 
Fe. 1837-36. 

Question of land in said city. Albino Perez, Governor. 
Agustin Duran, Alcalde. Francisco Ortiz y Delgado, Al- 
calde. 

Refers to Don Juan Rafael Ortiz as being Jefe Politico 
Interino on December 10, 1836. 

714 NICOLASA PEEEA vs. Juan Cristobal Armijo. Ber- 
nalillo. 1844. 

Question of lands. Tomas Ortiz, Alcalde. 

715 MARIA ANTONIA PADILLA to Rafael Padilla. San- 
ta Fe, 1844. 

House and land. Tomas Ortiz, Alcalde. 

716 JUAN GRIEGO and JULIANA SAIS, Ms wife and 
Francisco Sais to Diego Arias de Quiros, Santa Fe. 
1718. 

House and land. Francisco Joseph Bueno de Bohorques 
y Corcuera, Alcalde. 

Juan Griego received a concession of lands just outside 
the city of Alburquerque in 1708, as appears from the 
record of deeds on file in Bernalillo county, New Mexico, 
as follows: 

"Let it be notorious and know all who may see this 
letter of testimony, that before me, Captain Joseph Ig- 
nacio de la Plaza, appeared Juan Griego and exhibited 
to me a grant title which he has in his favor, made to the 
Sergeant Cristobal de Gongora, which was somewhat torn 
but free from any other suspicion, and its contents very 
complete, and he asked me to make a literal copy of it, 



198 THE SPANISH AECHIVES OF NEW MEXICO 

the original to remain in the archives under my charge, 

and it is as follows: 

[On margin] " Petition of Juan Griego. 

"The Sergeant Cristoval de Gongora appeared before 
your excellency, Senor governor and captain-general, ask- 
ing, that all the privileges allowed by law be given me, 
and I say that being in this kingdom, burdened with a 
family, and not having a piece of land to cultivate as a 
settler of this kingdom, for this reason I register a rancho 
uncultivated and unoccupied, which ruin was owned by 
Luis de Carabajal, formerly in the town of Alburquerque, 
between a rancho of Captain Diego Montoya and the house 
of Captain Baltazar Romero, and on the north it is 
bounded by lands of the said Captain Montoya, on the 
south by lands of Francisco Lucero, on the east by [Note : 
Here follow one or two words which I cannot make out] 
mountain range, and on the west by the Rio del Norte, 
which rancho and agricultural lands are a little less 
than a quarter of a league in width, in order that I 
may be able to raise crops and some stock, with entrances 
and exits, free pastures and watering places, uses and 
customs, that your excellency will be pleased said . . . 
grant in the name of His Majesty, directing Captain Mar- 
tin Hurtado, alcalde mayor of that jurisdiction, to give 
real possesion to the said Captain Baltazar Romero in 
my stead, and also granting me the favor to allow me a 
long term for its settlement, in order that within such 
term [Note: Here follows three words which I cannot de- 
cipher.] said tract, wherefore of your excellency I beg 
and pray that you will be pleased to admit this peti- 
tion granting me that which I ask, as it is just, and I 
swear by God our Lord and the Holy Cross that I do not 
act in bad faith, and that which is necessary, &c. 

"CRISTOVAL GONGORA 
[ On margin : ] " Presentation. 

"In the town of Santa Fe, capital of this kingdom and 
provinces of New Mexico, on the twelfth day of the 
month of December, of the year one thousand seven hun- 
dred and eight, before me, Admiral Don Joseph Chacon 
Medina Zalasar Villasenor, Caballero de la Orden de San- 
tiago, Marques de la Penuela, governor and captain-gen- 
eral of the said kingdom and provinces of New Mexico, 
castellan of the forces and garrison of His Majesty: 
[On margin:] "Decree. 

"!T WAS PRESENTED by the person named in it, and 



THE SPANISH AECHIVES OP NEW MEXICO 199 

having examined it, I admitted it, with all the privileges 
allowed by law; and being advised of the justness of his 
petition I make him the grant of the said tract he asks 
for, and I make it in the name of His Majesty, in order 
that, as his own, he may enjoy it for himself and his 
heirs, without prejudice to any third party who may have 
a better right, and this decree shall serve as a special 
title for him ; and I order the alcalde mayor of San Felipe 
de Alburquerque to give royal possession in the form and 
manner asked by the petitioner and without omitting a 
single point of that which I order. And in order that it 
may so appear thus I provided, ordered and signed, with 
the undersigned secretary of government and war on the 
said day at supra. 

"EL MARQUES DE LA PENUELA 
"By Order of the governor and captain-general: 

"ALFONSO RAEL DE AGUILAR, 

"Secretary of Government and "War. 
[On margin:] "Royal possession. 

' ' I, Martin Hurtado, alcalde mayor and war captain of 
the town of San Felipe de Alburquerque, being informed 
as to the contents of the order as above issued by the 
Marques, governor and captain-general of this kingdom 
of New Mexico, not discovering any better right, proceed- 
ed to give possession to the said Captain Baltazar Romero, 
in the form and manner contained in the petition of the 
petitioner, the boundaries being those set forth in his peti- 
tion, this possession being the most sufficient security that 
he may enjoy them as his own, and I grant it in the name 
of His Majesty, the pastures, waters, watering places, en- 
trances and exits free, as he asks, and, in order that it 
may so appear, I signed it, with assisting witnesses, acting 
by delegated authority (receptoria) , in the absence of a 
notary public or royal, of which there is none within two 
hundred leagues of this kingdom, and it is done on the 
tenth day of January, one thousand seven hundred and 
nine, in this town of Alburquerque. 

"Before me, Juez receptor, MARTIN HURTADO. 

"Assisting witness, FRANCISCO DE LA CANDELARIA. 
"Assisting witness, JUAN DE LA MORA PINEDA. 

"It agrees with the original, whence I, the Ensign, 
Joseph Ignacio de la Plaza, directed it to be taken lit- 
erally from its original, to which I refer. It is certain 
and true, corrected and compared, and there were present 
to see it corrected and compared Captain Antonio de 



200 THE SPANISH AECHIVES OF NEW MEXICO 

Chaves and Antonio de Luna, residents of this town of 
Alburquerque, where it is made, on the nineteenth day of 
the month of May, one thousand seven hundred and 
twenty-six. 

"In testimony of truth I set my hand and rubric. 
"MARTIN HURTADO" [rubric] 

717 DOMINGO DE BALDES and ANA MARIA MAR- 
QUES, his wife to Diego Arias de Quiros. Santa Fe, 
1720. 

Francisco Joseph Bueno de Bohorques y Corcuera, Al- 
calde. 

718 PEOPLE of PUEBLO QUEMADO. 

Petition, 1749. To be permitted to return to said place 
and cultivate their lands having been driven away on 
preceding years by Indians. Joachin Codallos y Rabal, 
Governor. 

719 LOS QUELITES. 

Grant, 1761. Reported Claim, q. v. Francisco Antonio 
Marin del Valle, Governor. Miguel Lucero, Alcalde. The 
names of the grantees are fully set out in this grant. 

Mentions an attack made on the frontier of "San 
Geronimo de los Thaos" by the Cumanches on August 4, 
1760. 

720 LOS QUELITES. 1765. 

Revocation of Grant to certain parties of the first settlers. 
Tomas Veles Cachupin, Governor. 

721 JUAN MARTIN to Manuel Quintana. Pojoaque. 1769. 

Land in Canada de Santa Cruz. Antonio Joseph Ortiz, 
Antonio Joseph Ortiz, Alcalde. 

722 ISIDRO MARTIN to Leonicio Quintana. Pojoaque. 
1769. 

Land in Canada de Santa Cruz. Antonio Joseph Ortiz, 
Alcalde. 

723 JOSE QUINTANA vs. Gregorio Garcia. 1775. 

Question of sale of rancho in Santa Cruz. Don Pedro 
Fermin de Mendinueta, Governor. Salvador Garcia de 
Noriega. 



THE SPANISH ARCHIVES OF NEW MEXICO 201 

724 JUAN SEGURA to Miguel Quintana. Santa Fe, 1827. 

Land in Canada del Tio Leonardo. Testimonio. Domingo 
Fernandez, Secretario del Cabildo. 

725 TEODOSIO QUINTANA. 

Report of Committee of Ayuntamiento in regard to giving 
him permission to build a portal to his house. 

726 MAEIA DE LOS ANGELES QUINTANA and Jose Pablo 
Griego to Gaspar Ortiz. Santa Fe. 1844. 

Land. Tomas Ortiz, Alcalde. 

Mentions the "Camino Real de Cuma." For "Cuma" 
see No. 423 (Lucero de Godoy), leaf 3. 

727 ANTONIO ORTIZ. 

Grant, 1819. Reported Claim No. 42, q. v. 

728 CLARA RUIZ DE CACERES vs. Pedro Barela de Lo- 
sada. San Lorenzo de la Toma del Rio del Norte. 1682. 

Question of lands. Antonio de Otermin, Governor. Juan 
Lucero de Godoy, Alcalde. 

This is the oldest of the archives in the office of the sur- 
veyor-general. It bears the signatures, among others of 
Don Antonio de Otermin, Nicolas Luzero de Godoy, and 
Simon de Molina. The petition is addressed to the gov- 
ernor, dated July 12, 1682, and is as follows : 

* ' Clara Ruiz de Caceres, widow, a resident of the Prov- 
inces of New Mexico and handmaid (asistenta) in this 
military camp of San Lorenzo, appears before Your Ex- 
cellency in the most ample form of law, waiving no rights 
guaranteed to me favorable to my cause, and state : That 
about one year ago the sergeant major, Sebastian de 
Herrera gave me a hut (rancho) built by him and his 
son-in-law, Nicolas Luzero, a hut for me to live in and for 
me as I have lived and taken care of it and fixed it up as 
my own. 

"And now, without my being at my house (cassa) came 
the Adjutant, Pedro Barela de Posada and went into my 
hut and put all of my household goods outside, throwing 
them out on the commons, without considering that they 
might be stolen in my absence. 

' ' For all of which I ask and pray that Your Excellency 
be pleased to order said Pedro Barela to get out of the 
said hut and leave it to me as it was given to me by the 



204 THE SPANISH AKCHIVES OF NEW MEXICO 

734 PEDEO FELIPE EODEIGUEZ. 

Will, Santa Fe, 1784. Jose Maldonado, Teniente. 

735 JUANDEMESTAStoIgnacioEoibal. Santa Fe. 1705. 

Land on Cuyamungue river, adjoining Rancho Jacona. 
Diego Arias de Quiros, Alcalde. Antonio Albares de Cas- 
trillon. 

Juan de Mestas Grant, Reported No. 80, was filed in the 
office of the surveyor-general and was surveyed for an 
area of more than 1,600 acres, all of which was within 
the limits of the Pojoaque Grant. The court of private 
land claims dismissed the claim. 

One of the oldest grants is the one made to Juan de 
Mestas, being the land mentioned in this archive. The 
grant was made by Don Pedro Rodriguez Cubero, the 
successor of General De Vargas; the land originally ap- 
plied for is described in the petition as "extending from 
the house erected by Don Jacinto Palaes (Captain) to- 
ward the river-side, below the Pueblo of Pojoaque, and 
to a bluff and hollow formed thereby, which are the 
boundaries, and on the south side to the hills, and on the 
north side to the same." Possession was given by the 
sergeant major, Francisco de Analla Almazan, and the 
maestre de campo, Roque Madrid. The land extended 
toward the old pueblo of Jacona. 

Town of Jacona Grant, Reported No. 92, was confirmed 
by the court of private land claims and under the survey 
contains 6, 952 acres. Of this there is a conflict with the 
grant to the pueblo of San Ildefonzo amounting to 902 
acres and nearly 2,776 acres of a conflict with the grant 
to the pueblo of Pojoaque, and more than 1163 acres con- 
flict with the grant to the pueblo of Tesuque. The grant 
was patented November 15, 1909. 

736 DIEGO MARTIN by his attorney, Juan de Dios Martin 
de Sandobal, to Ursula Eamos. Villa Nueva de Santa 
Cruz. 1710. 

Land. Juan de Uribarri, Alcalde. 

737 DIEGO DE VELASCO to Juan de los Eios. Santa Fe, 
1712. 

Land. Diego Arias de Quiros, Alcalde. 



THE SPANISH AECHIVES OF NEW MEXICO 205 

738 JUAN DE APODACA to Lorenzo Eodriguez. Santa Fe, 
1712. 

Land. Diego Arias de Quiros, Alcalde. Joseph Maria 
G-iltomey. 

739 ALPHONZO EAEL DE AGUILAE. 

Grant. Mine. 1713. Juan Ignacio Plores Mogollon, 
Governor. 

740 JUAN ALONZO DE MONDEAGON and Sebastiana 
Truxillo to Santiago Eomero. Villa Nueva de Santa 
Cruz. 1713. 

Land. Juan Garcia de la Ribas, Alcalde. 

741 FEANCISCO XAVIEE EOMEEO. Grant. 1716. 

Land in the Canada de Santa Cruz. Re-validated by 
Phelix Martinez, Governor. 

742 ANDERS DE LA PAZ and Francisca Antonia Guijosa to 
Santiago Eomero. 

House and lands in Canada de Santa Cruz. -Francisco 
Joseph Bueno de Bohorques y Corcuera, Alcalde. Joseph 
Manuel Giltomey. 

Shows that Santa Cruz de la Canada was on the south 
side of the river in 1720. 

743 ANTONIO DE ABEYTIA to Francisco Eendon. Santa 
Fe, 1721. 

House and land. Francisco Joseph Bueno de Bohorquez 
y Corcuera, Alcalde. 

744 DIEGO DUEAN to ALONZO EAEL DE AGUILAE. 
Santa Fe, 1721. 

House and land. Bohorquez, Alcalde. 

745 IGNACIO DE EOIBAL vs. Juan de Mestas. Villa Nu- 
eva de Santa Cruz. 1721. 

Question of boundaries. Don Juan Domingo de Busta- 
mante, Governor. 

746 FEANCISCO SAIS to Alonzo Eael de Aguilar. Santa 
Fe, 1721. 

Land. Diego Arias de Quiros, Alcalde. Miguel de San- 
doval Martinez. 



206 THE SPANISH AKCHIVES OF NEW MEXICO 

747 MAEIA GUTIEEEES to Francisco Eendon. Santa 
Fe, 1728. 

Land. Diego Arias de Quiros. 

748 FEANCISCO JOSEPH CASADOS and Maria de 
Archiveque, his wife, to Jose Eiano. Santa Fe, 1729. 

House and land. Diego Arias de Quiros, Alcalde. Dimas 
Jiron. 

749 MANUEL CASILLAS to Juan Phelipe de Eibera. 
Santa Fe, 1731. 

House and land. 

750 BALTAZAE EOMEEO to Juan Jose Eomero. 1752. 

Reported Claim No. 109, q. v. Francisca Antonia Gijosa. 

751 CEISTOVAL XAEAMILLO. Alburquerque, 1736, to 
Matias Eomero. 

Land. Geronimo Xaramillo, Alcalde. Isidro Sanches. 

752 DIEGO DE TOEEES and Maria Martin, his wife, of 
Chama, to Nicolas Eomero. Villa Nueva de Santa Cruz. 
1736. 

Juan Estevan Garcia de Noriega, Alcalde. 

753 FEANCISCO MAETIN and Casilda de Contreras, his 
wife, of Embudo, to Juana Maria Eomero. Villa Nueva 
de Santa Cruz, 1736. 

Land in rancho called "Chico Payemo." Juan Estevan 
Garcia de Noriega, Alcalde. 

754 DIMAS GIEON DE TEGEDA and Ignacio Eoibal vs. 
Juan Eodriguez. 1736. 

Question of lands in Rio Arriba. Gervasio Cruzat y Gon- 
gora, Governor. 

755 MAEIA DE SAN JOSEPH. San Geronimo de Taos. 
1735. 

Division of her property. Gervasio Cruzat y Gongora, 
Governor. Francisco Guerrero, Alcalde. 

756 JUAN EODEIGUEZ. 

Will, inventory, and partition of his estate. Santa Fe, 



THE SPANISH AKCHIVES OF NEW MEXICO 207 

1738. Henrique de Olavide y Michelena, Governor. An- 
tonio Montoya, Alcalde. 

757 MARCIAL GARCIA of Alburquerque to Melchor Rod- 
riguez. Santa Fe. 1738. 

Land in Santa Fe. Antonio Montoya, Alcalde. 

758 JOSEPH DE RIANO vs. Juan Lucero. Santa Fe, 1732. 

Question of entrances and exits in Santa Fe. Gervasio 
Cruzat y Gongora, Governor. Juan Lucero de Godoy. 

On page 2 or leaf 16 of this manuscript it appears that 
at one time there was a church on the north side of the 
plaza, either immediately adjoining or within a very few 
varas of the Palace of the Governors. This is the church 
referred to in archives No. 8 and No. 169, and it was in 
this church in all probability that the body of Don Diego 
de Vargas was interred. See his will. 

759 DIEGO ROMERO. 

Will, Taos, 1742. Francisco Guerrero, Alcalde. Re- 
ported Claim No. 158, q. v. Cristobal de la Serna, of 
Los Ranchos de Taos. 

760 ANDRES ROMERO, Francisco Romero, Antonio de 
Atencio, Antonio Duran de Armijo. 

Petition for partition of lands of the estate of Diego 
Romero. San Geronimo de Taos, 1743. Rancho called 
"Rio de Las Trampas." Francisco Guerrero, Alcalde. 
Reported Claim No. 158, q. v. Archive No. 759 

761 FRANCISCO MAGRINAN. Santa Fe, 1744. 

Registration of a mine. Situate three leagues from the 
pueblo of Picuries. Joachin Codallos y Rabal, Governor. 
Joseph de Terrus; Francisco de Roa y Carrillo; Joseph 
Romo de Vera. 

762 JOSS RIANO. Santa Fe, 1744. 

Proceedings in the settlement of his estate. Joachin Co- 
dallos y Rabal, Governor; Antonio Aramburu; Antonio 
Hulibarri, Alcalde. 

763 FRANCISCO ORTIZ. Santa Fe, 1744. 

Registration of a mine near the pueblo of the Picuries. 
Donation of the same to Francisco Roa y Carillo. Joachin 
Codallos y Rabal, Governor. 



208 THE SPANISH ARCHIVES OF NEW MEXICO 

764 FEANCISCO GUEEEERO. Santa Fe, 1744. 

Registration of a mine near the pueblo of the Picuries. 
Donation of the same to Francisco Roa y Carillo. Codal- 
los y Rabal, Governor. 

765 ALFONZO RAEL DE AGUILAR. Will. Santa Fe, 
1745. 

Antonio Ulibarri, Alcalde. 

Alfonzo Rael de Aguilar or Pueblo of Cuyamungue 
Grant. Reported No. 81. This grant was approved by 
the surveyor-general for about 6 acres, all of the land 
being within the limits of the Pueblo of Pojoaque Grant. 
The court of private land claims rejected the grant. This 
is not the Bernardo de Sena Grant which was confirmed 
by the court of private land claims. 

766 MANUEL MONTOYA and Pedro de Holiba to Juan de 
Dios Romero. San Francisco Xavier del Pueblo Que- 
mado, Partido de Chimayo. 1750. 

Land. Juan Joseph Sandoval, Alcalde. 

767 SEBASTIAN MARTIN to Manuel Ramos Barela. San 
Xavier del Pueblo Quemado. Partido de Chimayo, 
1750. 

Land. Juan Joseph Sandoval, Alcalde. 

768 MANUEL RAMOS. 

"Will, Pueblo Quemado, 1750. Juan Joseph Sandoval, Al- 
calde. 

769 HEIRS of ALPHONSO RAEL DE AGUILAR, Santa 
Fe, 1750. 

Petition for possession of Grant made to him. Petition 
refused. Tomas Veles Cachupin, Governor. Juan An- 
tonio Gonzales del Peral. Joseph de Bustamante de Tagle. 

770 JOSEPH RIANO, Santa Fe, 1753, to Nicolas Ortiz. 

Land. 

771 JUAN DE DIOS ROMERO. 

Grant. Nicolas Romero, Julian Romero, Miguel Des- 
pinosa, Ventura Despinosa, Xavier Romero, Cristobal 
Martin, Bernardo Romero, Salvador Espinosa, Tadeo Es- 



THE SPANISH ARCHIVES OF NEW MEXICO 209 

pinosa, Domingo Romero, Francisco Vernal, Joseph Man- 
uel Gonzales, Juan Luis Romero. 

Grant made by Tomas Veles Cachupin, Governor. Pos- 
session given by Juan Joseph Lobato, Alcalde, 1754. One 
hundred and fifty varas were given to each settler and one 
league of " egido" to them all in addition to house and 
lot and garden in the town. The boundaries of the "egido" 
are: East: la toma de la acequia de el rio del Pueblo Que- 
mado; west: el camino real que para Picuries-, north: 
las corrientes del no de las Truchas; south: el alto in- 
mediato al referido Rio Pueblo Quemado. Name of the 
town; Nuestra Seiiora del Rosario San Fernando y San- 
tiago. 

772 PEDEO TAFOYA to Salvador Matias de Eivera. 1755. 
Santa Fe. 

House and lot. Francisco Guerrero, Alcalde. 

773 JUAN JOSEPH MORENO. Grant. 1754. 

Land in Santa Cruz. Made by Joachin Codallos y Rabal, 
Governor. Possession given by Manuel Sanz de Garvisu, 
Alcalde. 

JUAN JOSEPH MORENO and Juana, his wife, to San- 
tiago Roibal. Vicario y Juez Eclesiastico. 

Donation, Santa Fe, 1755. The land included in the 
above grant. Francisco Antonio Marin del Valle, Gover- 
nor. Juan Francisco de Arroniz; Antonio Aramburu; 
Manuel Sanz de Garvisu; Phelipe Jacobo de Vuanue. 

74 MANUELA RAEL DE AGUILAR. 

Will, San Antonio, 1758. Also proceedings in the parti- 
tion of her estate. Francisco Antonio Marin del Valle, 
Governor. 

775 GREGORIO CRESPIN to Antonio Rivera. Santa Fe, 
1762. 

House and land. Manuel Gallego, Alcalde. 

776 JUANA ROMERO. 

Will, Cieneguilla, 1762. Manuel Gallego, Alcalde. 

777 BLAS LOVATO to Tomas Roibal. Santa Fe. 1764. 

House and lot. Francisco Guerrero, Alcalde. 



210 THE SPANISH ARCHIVES OF NEW MEXICO 

778 FEANCISCO XAVIER ROMERO, son of Diego Ro- 
mero. 

Question of boundaries with Andres Romero. Private 
Land Claim No. 158, q. v. Cristobal de la Serna Grant. 

779 FRANCISCO XAVIER RODRIGUEZ. 

Will, 1764. Santa Fe. Tomas Madrid, teniente. 

780 SAN GAVRIEL DE LAS NUTRIAS. 

Grant, 1765. On Rio Grande near Belen. Made by 
Tomas Veles Cachupin, Governor. Originally to 30 fam- 
ilies, the names of which are given in the grant No. 645 
and 781, q. v. 

781 FRANCISCO ROMERO, alias "Talache Coyote." In- 
testate. Taos. 1765. 

Inventory of his estate. Tomas Veles Cachupin, Gover- 
nor. Reported Claim No. 158, q. v. Grant to Cristobal 
de la Serna. 

782 JOSEPH MIGUEL DE LA PENA to Nicolas Rael de 
Aguilar. Santa Fe. 1765. 

House and land. Francisco Guerrero, Alcalde. 

783 MARIA ROMERO. Embudo. 1766. vs. Maria An- 
tonia Villapando. 

Question of land. Felipe Tafoya, Procurador; Tomas 
Veles Cachupin, Governor. 

784 TORIBIO DE ORTIZ to Manuel Rodriguez. Santa Fe. 
1766. 

House and land. Francisco Guerrero, Alcalde. Juan 
Francisco Nino Ladron de Guebara, Francisco Estevan 
Tafoya. 

785 JUAN DE LEDESMA to Vicente Rodriguez. Santa Fe. 
1767. 

House and land. Francisco Guerrero, Alcalde, Fran- 
cisco Xavier Fragoso. 

786 MARIA ROSALIA ROMERO vs. Pablo Salazar. 1768. 

Question of boundaries of contiguous ranches in Sandia. 
Pedro Fermin de Mindinueta, Governor. Domingo de 
Luna. 



THE SPANISH ARCHIVES OF NEW MEXICO 211 

787 JUAN ANTONIO RODRIGUEZ to Isidro Rodriguez. 
Santa Fe, 1768. 

House and lot. Phelipe Tafoya, Alcalde. Lucas Moya, 
Antonio de Annenta, Joseph Garcia de la Mora. 

788 JOSEPH MIGUEL DE RIVERA. Santa Fe, 1769. 

Phelipe Tafoya, Alcalde. Joachin Lain. 

789 MARIA MESTAS to Juan Bautista Romero. 1769. 

Land in Cuyamungue. Antonio Josef Ortiz, Alcalde. 
Manuel de Arteaga. 

790 JUANA ROIBAL. 

Will, Santa Fe, 1770. Phelipe Tafoya, Alcalde. Antonio 
Joseph Garcia de la Mora. 

791 SAN GABRIEL DE LAS NUTRIAS. 

Grant, 1771. Commission to settle to sixteen families. 
Pedro Permin de Mendinueta, Governor; Joseph Garcia 
de Noriega, Alcalde; Antonio Duran; Joseph Gonzales 
Serna. No. 645 and 780, q. v. 

792 MIGUEL ROMERO. Will. 

Inventory and partition of his estate. Cochiti, 1771. 
Nerio Antonio Montoya, Alcalde ; Pedro Antonio Trujillo ; 
Manuel Garcia Pareja, Alcalde; Andres Montoya; Joseph 
Miguel de la Pena; Antonio Moreto. 

793 MARIA MANUELA OLGUIN vs. Maria Estela Palo- 
mino Rendon. 1770. Santa Fe. 

Question of inheritance of the two children of plaintiff, 
grandsons of Joseph Miguel Tafoya, deceased, who is the 
husband of defendant. Pedro Fermin de Mendinueta, 
Governor. Santiago Roibal, Juez Eclesiastico, Salvador 
Ribera, Joseph Miguel de la Pena. 

794 JUAN ANTONIO ARCHULETA to Vicente Rod- 
riguez, Santa Fe, 1771. 

Land. Manuel Garcia Pareja, Alcalde. Antonio de Ar- 
menta, Antonio Joseph de la Mora. 

795 TORIBIO ORTIZ to Manuel Rodriguez. Santa Fe, 
1772. 

Land. Manuel Garcia Pareja, Alcalde. Joseph de Ar- 
menta. 



212 THE SPANISH AECHIVES OF NEW MEXICO 

796 SALVADOR DE ARCHULETA to Vicente Rodriguez. 
Santa Fe, 1772. 

Land. Manuel Garcia Pareja, Alcalde. Simon de Ar- 
menta. 

797 MARCOS RODRIGUEZ. 

Will, Santa Fe, 1772. Manuel Garcia Pareja, Antonio de 
Armenta. 

798 JUAN ANTONIO GURULE to Domingo Romero. 
1775. 

Land in the Cienegmlla which he inherited from his wife, 
Maria Montoya. Manuel Garcia Pareja, Alcalde. Joseph 
de Armenta. Reported Claim The Cienegmlla Tract, 
q. v. 

Domingo Romero was the grantee of the Mesita de 
Juana Lopez along with Miguel Ortiz and Manuel Ortiz, 
his half brothers the grant was made by Governor Juan 
Bautista de Anza, 1782. Madrid coal mines are on this 
property. 

799 MIGUEL ROMERO. Canada de Cochiti. 1775. 

Inventory and partition of his estate. Pedro Fermin de 
Mendinueta, Governor. Juan Antonio Lujan, Tomas de 
Sena, Miguel Ortiz, Domingo Labadia. 

800 MANUELA ROIBAL. 

Will, Santa Fe, 1778. Joseph Miguel de la Pena, Antonio 
Serrano. 

801 GRANT OF LAND on Rio Colorado to 50 Families. 
1842. 

Correspondence on this subject between J. Andres Archu- 
leta, prefect of the first district, and Guadalupe Miranda, 
Secretario de Gobierno. Question as to the right of the 
prefect to grant lands for agricultural purposes. Report- 
ed Claim No. 93. 

In the year 1836, the ayuntamiento of Taos made this 
grant to Antonio Elias Armenta, Jose Victor Sanches and 
Jose Manuel Sanchez. Don Antonio Jose Ortiz, Don San- 
tiago Martinez and Juan Antonio Lobato were members 
of the ayuntamiento as was also Dr. David Waldo, an 
American citizen. This property is known as the Canyon 
del Rio Colorado ; the grant was made under powers given 



THE SPANISH ARCHIVES OF NEW MEXICO 213 

to alcaldes and ayuntamientos known as the "Siete 
Leyes;" according to Don Donanciano Vigil this law was 
repealed in 1838. 

In 1829, being a sergeant of the Santa Fe Company, 
Vigil accompanied a body of 200 soldiers on a campaign 
against the Utes and was at the little town of Eio Colo- 
rado which at that time had about fifty families. The 
houses were all equipped with ''loop-holed" battlements 
for the purpose of safety in fighting off Indians. In 1845 
Captain Pablo Dominguez was sent from Santa Fe into 
this part of the country on a campaign against the Chey- 
enne (Panana, Dominguez calls them) Indians who had 
been raiding in that country killing shepherds. 

802 VICENTE EOIBAL and MAECELINO ORTIZ. 

Archive No. 398, q. v. 

803 MARIA LUISA RIBERA. 

Will. Santa Fe, 1823. Manuel Baca, Sargento. 

804 JOSE GUADALUPE ROMERO andlGNACIO BACA. 
Petition, Santa Fe, 1824. 

Asks for land. No action taken. 

805 PABLO ROMERO and others. 

Petition. 1824. Land on the Chama river. Referred by 
Truxillo, president of the jurisdiction of Abiquiu, to Bar- 
tolome Baca, jefe politico. 

806 MIGUEL RIVERA. No. 807, q. v. 

807 MIGUEL RIVERA and six others. 

Grant. Land on the Pecos. Made by Diputacion Pro- 
vincial on March 3, 1825. Boundaries : East : The Arroyo 
que baja de la sierra y pija al rio; y por abajo la bareda 
que baja del Tecolote y Casita que le llaman de la Guada- 
lupe; por el orient e queda tambien la sierra, y al poniente 
el citado rio." 

808 MIGUEL RIVERA vs. Diego Padilla. Santa Fe, 1825. 

Petition to Diputacion Territorial. No action taken. Land 
in San Miguel. 

809 MANUEL RIVERA. 

Petition for land in the Arroyo Hondo. Santa Fe. No 
final action taken. 1827. 



214 THE SPANISH AECHIVES OF NEW MEXICO 

Quintana, Secretary of the Territorial Deputation. Jose 
Francisco Baca, Governor. Juan Jose Lujan, Sindico 
Procurador. Vincente Baca, of the Ayuntamiento. Do- 
mingo Fernandez, Secretary of the Ayuntamiento. 

Domingo Fernandez, who appears in this archive, in his 
testimony before the surveyor-general of New Mexico, 
says that he was the collector of rents and tithes of the 
religious society known as "Nuestra Senora de la Luz." 
It has been claimed that the society, known as the "Pen- 
itentes, ' ' had its origin in New Mexico with that of Nues- 
tra Sefiora de la Luz ; this is not correct. The last named 
society became the owner by purchase of what is known 
as the "Lamy Grant " or rancho. Domingo Fernandez 
gives us the names of the vicarios of the Catholic church 
in New Mexico from the time of the establishment of Mex- 
ican sovereignty down to the administration of Arch- 
bishop Juan B. Lamy; they were, prior to 1820. Rt. Rev. 
Francisco Ygnacio de Madariaga. The "chief brother " 
of the Society of Nuestra Senora de la Luz at that time 
was Don Fernando Chacon. Rt. Rev. Juan Tomas Ter- 
razas succeeded Madariaga, and he in turn was succeeded 
by Rt. Rev. Juan Felipe Ortiz. The society applied to 
Governor Facundo Melgares for an order upon all "per- 
sons indebted to such society" to pay forthwith. This 
petition was referred to the constitutional justice of Santa 
Fe, Don Juan Estevan Pino, who compelled Fernandez 
to give a list of all those who were so indebted ; this was 
done, and it appeared that Carlos de Herrera had, in his 
lifetime, 500 sheep belonging to the "society," which he 
had lost, and in payment of the debt he left by will a 
farm called "El Caiion." Fernandez stated that this 
farm had been secured by Herrera from Diego Antonio 
Baca, who had acquired it from the government in ex- 
change for a house and lot in Santa Fe, which was used 
for building a barracks for the soldiers. 

Domingo Fernandez was born in the City of Santa Fe 
in 1786. He was a member of the ayuntamiento of Santa 
Fe for a number of years; was chief alcalde, and under 
the government of the United States during the Military 
Occupation period, was circuit attorney of the first dis- 
trict. 

810 JOSE: EODEIGUEZ. Santa Fe, 1827. Juicio de Apeo. 
Rodriguez lost his title deeds and asked the court to es- 



THE SPANISH ABCHIVES OF NEW MEXICO 215 

tablish them by reference to the titles of his colindantes, 
which was done. 

811 RAFAEL FERNANDEZ and Miguel Gonzales. 

Petition for lands. 1829. Report of committee on me- 
morial of Mariano Rodriguez, protesting against granting 
said lands. Jose D. Fernandez et al., File 71, q. v. 

812 REPORT of Committee appointed by the Territorial 
Deputation to give opinion in the matter of the refusal of 
the Deputation to grant lands to Jose Guadalupe Ro- 
mero and Manuel Bustamante, and later to grant the 
same to other persons. 

On the question as to the power of the Deputation to 
grant the lands the Committee says: "no queda duda de 
que estubo en las atribuciones de la Exma. Diputacion, a 
donar el precitado terreno a las que actualmente Ib 
poseen." 

813 DOLORES JALLONO, Ignacio Ladron de Guevara, 
and Marcelino Abreu to Antonio Roubidoux. Santa Fe. 
1834. 

Mine in the Cerro del Oro. Santiago Abreu, Alcalde. 

814 JOSE DOLORES ROMERO vs. Manuel Romero, Santa 
Fe. 1844. 

In the matter of a house sold without the consent of the 
plaintiff and his brothers and sisters by his mother, etc. 
Jose Francisco Baca y Terms, Alcalde. 

815 THIS ARCHIVE contains three papers which are ap- 
parently rough copies of documents in as many differ- 
ent suits. They are not signed and bear the date of 
1846. Reference is made in them to the Las Huertas 
Grant. Reference is also made to Jorge Ramirez and 
to Jose Maria Mier. 

816 CORPORATION of the City of Santa Fe. 1692. 

Testimonio of a Petition asking for extension of lands. 
Incomplete. 

Further on is given the opinion of the supreme court of 
the United States in the "Santa Fe Grant" case. When 



216 THE SPANISH AECHIVES OF NEW MEXICO 

this claim of the City of Santa Fe was heard in the court 
of private land claims, Associate Justice Murray dis- 
sented, his judgment as to the law afterward becoming 
the law of the court in similar cases. For historical rea- 
sons the dissenting opinion is given in full. 

' ' The city of Santa Fe, claiming, as the successor of the 
ancient town formerly known as La Villa Real de San 
Francisco de Santa Fe, filed its petition in this court, ask- 
ing for a confirmation to it of four square leagues of land 
in trust for the use and benefit of all the inhabitants and 
occupants thereof. This cause was heard, together with 
a number of others, in which the petitioners pray for a 
confirmation of Spanish grants to them for land within 
the four square leagues claimed by the city. It was not 
claimed that a grant was, in fact, made to the pueblo for 
any quantity of land, or that four square leagues, or any 
other quantity, was ever surveyed or set apart to it; but 
counsel insists that on the settlement of the pueblo the 
title to four square leagues passed to it by operation of 
law and that all subsequent grants made by authority of 
the sovereign to private parties within the four leagues 
are null and void, and a majority of my brother judges 
so hold. 

' ' The rights of the petitioner must be determined by the 
law in force at the date of the supposed grant. The cedula 
of King Phillip II, issued in the year 1511, provided for 
the settlement of new towns, or pueblos, but there is no 
mention of four leagues or any other specific quantity of 
land to be granted. The quantity to be granted was left 
entirely to the discretion of the governor or viceroy. 
(Hall's Mexican Law, pp. 17 and 18.) In the case of 
Juan Sandoval et al. vs. The United States, decided at the 
present term of this court, the grant for the purpose of 
establishing a pueblo was made by the governor to fifty- 
one persons, and the land granted was about 315,000 
acres. 

' * Now, if this law was in force when the ancient pueblo 
of Santa Fe was settled, the court might presume that a 
corporation existed, but I can not see how it would be 
possible to determine the quantity of land (if any) that 
such corporation would be entitled to. 

"It is alleged in the petition that the 'pueblo was in 
existence prior to 1680, and that prior to that date said 
town or villa contained a population exceeding thirty-five 



THE SPANISH AKCHIVES OF NEW MEXICO 217 

families in number, and that there was not any city or 
village of Spaniards situated within five leagues of said 
town or villa.' From the foregoing statements I infer 
that the organization of the ancient pueblo is claimed 
under the provisions of the law of Spain in relation to the 
settlement of new towns and pueblos by contractors, who 
might undertake to settle not less than thirty families. 
This law provides that if the contractor complied with the 
law in such cases that there shall be granted to him four 
square leagues of land, etc. The land is granted to the 
contractor, and not to the town or pueblo. A town might 
be established by a contractor with ten families, but in 
that event only one-third of four square leagues was to be 
granted. 

"The lands where thirty families were settled were di- 
vided as follows : ' The tract or territory granted by agree- 
ment to the founder of a settlement shall be distributed 
in the following manner. They shall, in the first place, 
lay out what shall be necessary for the site of the town 
and sufficient liberties (exidas} and abundant pasture for 
the cattle to be owned by the inhabitants, and as much be- 
sides for that which shall belong to the town (propios). 
The balance of the tract shall be divided into four parts, 
one to be selected by the person obligated to form the set- 
tlement, and the remaining three parts to be divided in 
equal portions among the settlers. These lots shall be 
distributed among the settlers by lots, beginning with 
those adjoining the main square, and the remainder shall 
be reserved to us, to give as rewards to new settlers or 
otherwise, according to our will, and we command that a 
plan of the settlement be made out.' (See White's Recop., 
2 vol., p. 46.) 

"The law in relation to the settlement of pueblos by 
contractors, and the allotment of lands among the settlers 
and the towns is in 2d White, from page 44 to 47. There 
is no evidence in this cause tending to show that any al- 
lotments of land were ever made among the settlers by the 
town council or any authority, or that the town was set- 
tled by ten or thirty families, or by the Government. 

"Chief Justice Reed, speaking for a majority of the 
court in this cause, said: 'Pueblos or towns were estab- 
lished either by direct action of the Government or by 
promoters or contractors who undertook to settle not less 
than thirty families. When the establishment was made 



218 THE SPANISH ARCHIVES OF NEW MEXICO 

directly by the Government no express grant of land was 
made, but the appropriation of a quantity sufficient for 
the purpose of the towns was by general custom or by 
operation of general laws. The city of Santa Fe appears 
to have been established in that manner.' 

' ' The law of Spain in force in relation to the settlement 
of new towns and pueblos by the Government in New 
Spain prior to 1789 left the question of the quantity of 
land to be granted wholly in the discretion of the governor 
or viceroy. 

"Nothing whatever is to be found in the law in regard 
to any town or pueblo so established being entitled to four 
square leagues or any other quantity of land by operation 
of law. (White's Recop., vol. 2. pp. 47, 48, 49, 50, and 
51.) So if the ancient pueblo of Santa Fe was established 
by the Government as early as 1693, as stated in the opin- 
ion of the court, I do not see on what ground the court 
could presume a grant to it by operation of law to any 
specific quantity of land. The authorities referred to by 
the court as sustaining the position assumed by it in rela- 
tion to towns and pueblos being entitled to four square 
leagues of land when recognized by the Government have 
no sort of application to towns and pueblos established by 
the Government prior to 1789. 

' ' The Republic of Mexico adopted the laws of Spain in 
relation to towns and pueblos, and the rights of towns and 
pueblos established by Mexico have been adjudicated by 
the supreme court of the United States in a number of 
cases growing out of the act of March 3, 1851, for the set- 
tlement of private land claims in California. In the case 
of Brownsville vs. Cavazos (100 U. S., p. 138), Mr. Justice 
Field said : ' Previous to the revolution which separated 
Texas from the Republic of Mexico, Brownsville consti- 
tuted a portion of Matamoras, which was recognized as a 
town in 1826 by a decree of the congress of Tamaulipas, 
one of the states of Mexico. By the laws of Mexlco> in 
force at that time, pueblos or towns, when recognized as 
such by public authorities, became entitled for their use 
and benefit, and the use and benefit of their inhabitants, 
to certain lands embracing the site of such pueblos or 
towns and adjoining territory to the extent of four square 
leagues. This right was held by the cities and towns of 
Spain for a long period before her conquests in America, 
and was recognized in her laws and ordinances for the 



THE SPANISH ARCHIVES OF NEW MEXICO 219 

government of her colonies here.' (Laws of the Indies, 
White's Recop., vol. 2, pp. 44; Townsend vs. Greely, 5 
Watt., p. 326; Gresar vs McDowell, 6 Watt., p. 363.) 

' ' The law referred to by the learned judge, on page 44 
of White's Recop., provides for the settlement of pueblos 
and towns by contractors, with not less than thirty heads 
of families, hereinbefore referred to, and does not apply 
to pueblos and towns established by the Government prior 
to the royal instruction of 1789. In the case of Townsend 
vs. Greely, supra, Mr. Justice Field delivered the unani- 
mous opinion of the supreme court of the United States, 
and explains what is meant in the case of Brownsville vs. 
Cavazos by the laws of Mexico in force in 1826, which 
gave to pueblos and towns certain right to four square 
leagues of land. The learned judge said : ' The royal in- 
structions of 1789 for the establishment of the town of 
Pitic, in the province of Sonora, were applicable to all 
new towns which should be established within the district 
under the commandant-general, and that included Cali- 
fornia/ (It also included New Mexico and the State of 
Tamaulipas. ) ' They gave special directions for the estab- 
lishment and government of the new pueblos, declared 
that there should be assigned to them four square leagues 
of land, and provided for the distribution of the building 
and farming lost to settlers, the laying out of pasture 
lands and lands from which a revenue was to be derived, 
and for the appropriation of the residue to the use of the 
inhabitants.' These royal instructions did not attempt to 
confer any right to lands on pueblos or towns then in ex- 
istence. But if the town of Santa Fe had a grant to the 
four square leagues claimed, the undisputed facts of this 
case show that all the land granted to other parties by the 
Spanish Government within the limits of the four leagues 
should be excluded from the decree. As before stated, no 
allotments of lands were ever made to the settlers. The 
four leagues were never surveyed or set apart to the town. 
The legal title, with full power to dispose of the land, re- 
mained in the sovereign. (Townsend vs. Greely, 5 Wall., 
326-338 ; Alexander vs. Rowlett, 13 Wall., 388 ; U. S. vs. 
Pico, 5 Wall., 540 ; Hurt vs. Burnett, 15 California, 530, 
20 id., 480; Pueblo Case, 4 Sawyer, 566; Brownsville vs. 
Cavazos, 100 U. S., 138; Grisar vs. McDowell, 6 Wall., 
379; Hall's Mexican Law, Sec. 122, p. 53.) 

"It was the policy of the Spanish Government to en- 



220 THE SPANISH AECHIVES OF NEW MEXICO 

courage the settlement of new towns and pueblos by giv- 
ing to them, and the inhabitants thereof, certain rights 
and easements to large quantities of land outside of the 
small lots to be assigned to the settlers and to which they 
obtained a fee simple title by four years' use and occupa- 
tion. It must, however, have been well understood by the 
authorities of such towns and pueblos and the inhabitants 
thereof that the Government reserved the right to sell or 
otherwise dispose of such lands, except the small allot- 
ments to the inhabitants and the necessary ground for 
plaza, streets, corporation buildings, etc. In 1808, a gen- 
eral law was promulgated, which provided that all the un- 
occupied town or pueblo land should either be sold, mort- 
gaged, or set apart to soldiers as pensions. 

' ' No question was ever made as to the power of the Gov- 
ernment to dispose of such land. (Hall's Mexican Law, 
Sees. 94, 95, 96, 97, 98, and 99.) 

" Mexico succeeded to the rights of the Spanish Gov- 
ernment in all such town or pueblo land, and provided for 
a sale of the same in 1856. (Hall's Mexican Law, Sec. 140, 
p. 56.) The right of the Republic of Mexico to so dispose 
of such land has not been questioned, so far as I know. In 
the case of Grisar vs. McDowell, supra, in speaking of the 
rights of the city of San Francisco to the four square 
leagues claimed, Mr. Justice Field said : * Until the lands 
were assigned and measured off, the right or claim of the 
pueblo was an imperfect one. It was a right which the 
Government might refuse to recognize at all, or might 
recognize in a qualified form; it might be burdened with 
conditions, and it might be restricted to less limits than 
four square leagues, which was the usual quantity as- 
signed. Even after assignment the interest acquired by 
the pueblo was far from being an indefeasible estate, such 
as is known to our laws. The purpose to be accomplished 
by the creation of pueblos did not require their possession 
of the fee. The interest, as we had occasion to observe 
in the case already cited, amounted to little more than a 
restricted and qualified right to alienate portions of the 
land to its inhabitants for building or cultivation, and to 
use the remainder for commons and for pasture lands, or 
as a source of revenue, or for other public purposes. And 
this limited right of disposition and use was, in all par- 
ticulars, subject to the control of the Government of the 
country. ' 



THE SPANISH AECHIVES OP NEW MEXICO 221 

' ' There is no occasion in this case to indulge in any pre- 
sumption as to the power or authority of the Spanish gov- 
ernment of New Mexico to make grants to the public lands 
subsequent to 1754. Article 12 of the royal regulations, 
issued October 15th, 1754, expressly confers power on the 
governors of the distant provinces to approve grants to 
land. (White's Recop., vol. 2, p. 66.) 

"The grants introduced as evidence in this cause, to 
land within the four square leagues claimed by the city, 
are from the archives of the surveyor-general's office and 
seem to be in all respects regular. The archive evidence 
further shows that the grantees were put in juridical pos- 
session of the land granted by the proper officer without 
objection or injury to third parties, and in some cases the 
proof shows that valuable improvements have been made 
on the land ; with continued possession of nearly one hun- 
dred years there never was at any time objection made by 
the town authorities, either to the making of the grants or 
possession under them. 

"One of the exhibits in evidence shows that the town 
council of Santa Fe petitioned the governor for a grant of 
land now within the city limits, and that a grant was 
made by the governor to it for the land asked for. 

* ' The ancient pueblo is estopped under the facts in this 
case from setting up claim to the lands granted by the 
governors of New Mexico to individuals within the four 
square leagues. (Henshaw vs. Bissell, 18th Wall., 255; 
93 U. S., 326 ; 100 U. S., 598 ; 102 U. S., 68 ; 13 How., 
307), and the present city of Santa Fe, as its successor, 
is also estopped. 

"But it is quite clear, from the exhibits in evidence, 
that the corporate authorities of the ancient town or pu- 
eblo did not claim any right to four leagues of land by 
virtue of a grant or supposed grant to it, and it is equally 
clear that the officials of the Spanish Government who 
had authority to dispose of the public domain did not 
understand that the pueblo was entitled to any such 
quantity of land. Under the provisions of the act of 
March 3, 1851, in relation to the settlement of private 
land claims in California, the board of commissioners, by 
the 14th section of the act, was authorized, when the ex- 
istence of a city, town, or village, was shown to be in 
existence on the 7th day of July, 1846, to presume, prima 
facie, a grant to such town, city, or village. The board 



222 THE SPANISH AECHIVES OF NEW MEXICO 

was also authorized to take jurisdiction of any claim to 
land, whether legal or equitable, and to confirm such 
claim, etc. (9 Statutes, pp. 630-631.) It was under the 
provisions of that act that the city of San Francisco, as 
a successor to a pueblo, presented her claim for four 
square leagues to said board for confirmation. The pueblo 
under which the city claimed was a Mexican town settled 
in 1835, and under the royal instruction of 1789 had some 
rights in the quantity of land claimed. The real question 
in the case, out of which so much litigation arose, was in 
regard to the pueblo's title to the land at the date of the 
change of flag. It was conceded that the act was broad 
enough to authorize the board of commissioners to con- 
vert any sort of a claim or easement to land into a legal 
estate. But inasmuch as the United States had appro- 
priated a portion of the land claimed by the city prior 
to March 3, 1851, it became important to ascertain the 
pueblo right to the land under the law of Mexico and 
the treaty of Guadalupe Hidalgo. The board of commis- 
sioners confirmed to the city the greater portion of the 
land claimed for the use and benefit of the inhabitants of 
the city, and the district court approved the decree of the 
commissioners. This decree vested in the city the legal 
title to the land claimed for the use and benefit of the in- 
habitants. Before the cause was finally disposed of in 
the district court, congress passed an act transferring the 
record and proceedings to the circuit court for the district 
of California. The circuit court modified the decree of the 
district court by excluding from it all lands disposed of by 
former governments or appropriated by the United 
States. (4 Sawyer, pp. 566-7.) 

"In 1855, the common council of the city of San Fran- 
cisco passed what is called the Van Ness ordinance, which 
provided for an adjustment of the claims of the inhab- 
itants and the city to the lands which had been con- 
firmed. This ordinance was subsequently ratified by the 
legislature of the State. But notwithstanding the hold- 
ing of the board of commissioners and the district and 
circuit court and the action of the common council, con- 
gress on the 8th day of March, 1866 (while said pueblo 
case was still pending in the court), passed a special act 
to quiet the title to the land claimed by the city of San 
Francisco, imposing certain conditions and limitations. 
(Statutes 1865-6, p. 4.) 




THE SPANISH ARCHIVES OF NEW MEXICO 223 

"After the passage of this act the question of the char- 
acter of the city's title at the date of the treaty came be- 
fore the supreme court of the United States in the case 
of Grisar vs. McDowell, 6 Wall., 363. 

' ' The plaintiff in the case claimed as seized in fee, under 
the title from the city of San Francisco; the defendant 
claimed possession as an officer of the United States, set- 
ting up that the property was public property of the 
United States reserved for military purposes. Mr. Justice 
Field, who decided the pueblo case (4 Sawyer, 566-7), 
delivered the opinion of the court, and discussed with 
great ability all the questions growing out of or connected 
with the claims of the city to the land in controversy. 

* ' It was again held by the court that the legal title to the 
land claimed by the defendant passed to the United States 
from Mexico under the treaty of 1848, and was a part of 
the public domain of the United States, and having been 
appropriated by the United States and reserved by the 
act of 1865-6, never had been the property of the city. 
The law of nations and the terms of the treaty of 1848, 
make it the duty of the government to secure to the cit- 
izens or corporation in the ceded territory such rights to 
private property as they possessed under the laws of 
Spain or Mexico at the date of the treaty. Our govern- 
ments may grant additional rights, but the citizens have 
no right to demand more. 

"The act of March 3d, 1851, authorized the board of 
commissioners to confirm to pueblos and towns, for the 
benefit of the inhabitants thereof, mere easements and usu- 
fructuary rights to land granted to them by the govern- 
ment of Spain or Mexico, and by such decree of confirm- 
ation they acquired the legal title to the land with full 
power to sell and dispose of the same. This, congress 
in its sovereign capacity and absolute control over the 
public domain had a right to do. (Pollard Lesser vs. 
Polk, 2 Howard, p. 603.) 

"Subdivision one of section 13 of the act of March 3d, 
1891, is as follows: 'No claim shall be allowed that shall 
not appear to be upon title lawfully and regularly de- 
rived from the government of Spain or Mexico, or from 
any State of the Republic of Mexico having lawful au- 
thority to make grants to land, and one if not then com- 
plete and perfect at the date of the acquisition of the 
territory by the United States, the claimant would have 



224 THE SPANISH ARCHIVES OF NEW MEXICO 

had a lawful right to make perfect had the territory not 
been acquired by the United States.' It will be seen that 
this court can not confirm any imperfect or incomplete 
title which the claimant would not be entitled to have 
nnade perfect had the United States not acquired the ter- 
ritory. Now, as I have shown, the supreme court of the 
United States has repeatedly held that the title acquired 
to four square leagues of land by a grant to a pueblo or 
town is an imperfect one. It follows necessarily that this 
court has no power to confirm such a title. It is true the 
right or easement in the land acquired by a pueblo or 
town may be conferred by a perfect grant to such right 
or easement, but under the law the right may be term- 
inated at the will of the sovereign, and such right term- 
inated at the date of the transfer of sovereignty, as was 
held by this court in the case of pueblos Zia, Santa Anna, 
and Jemez vs. The United States, decided at a former 
term. For some reason congress did not confer power on 
this court to convert, by decree of confirmation, easements 
and usufructuary rights given by the Spanish and Mex- 
ican governments to pueblos and towns in large tracts of 
land to be used for the benefit of such pueblos and towns 
and the inhabitants thereof during the pleasure of the 
sovereign, into indefeasible estates. There is one other 
question in the cause which seems to me conclusive against 
the claim made in the petition to four square leagues of 
land. The laws of Spain and Mexico granting lands to 
new pueblos and towns settled by Spaniards do not apply 
to Indian pueblos and towns nor to old pueblos or towns 
taken possession of by Spaniards. The law prohibits 
Spaniards from in any way interfering with the lands, 
towns, or pueblos occupied by Indians. (White's Recop., 
vol. 2, pp. 44, 45, and 54.) 

"History informs that '"When the Spaniards first vis- 
ited Santa Fe in the year 1542 (?) it was a populous In- 
dian pueblo. It is not known when the Spaniards took 
possession of it, but it has been the capital of New Mexico 
since the year 1640. 

" 'It was recaptured by the Indians in 1680, the prin- 
cipal buildings burned, and the whites driven out. The 
town was recaptured by the Spaniards in the year 1694.' 
(The American Cyclopedia, vol. 15, p. 619.) 

1 ' The court confirmed the supposed grant to all the lots 
within the said four square leagues of land, now held in 



Facsimile of Signature of Captain Roque Madrid, 
n ^-conquistador. 



Facs'mile of Signature of Don Nicolas 
Ortiz Nino Lrdron de Guevara, re-conquis- 
tador. 




Facsimile of the Signature of Captain Alphonsso Rael de 
Aguilar, re-conquistador. 




Facsimile of Signature of Captain Don Juan de Ulibarri, 
re-conquistador. 




Facsimile of Signature of General Don Diego de Vargas Zapata Lujan Ponce 
de Leon, Governor and Captain-General, 1691-1697, 1703-4. 



THE SPANISH ARCHIVES OF NEW MEXICO 225 

severally, to the respective lot holders thereof, holding 
said lots in privity with said Santa Fe pueblo grant, with- 
out reference to the date of the claim under which they 
might hold. No assignment of lots was ever made by the 
city or pueblo to anyone. The lot claimants under the city 
are not parties to the suit, and no decree should be en- 
tered in their favor. 

"A decree should be ordered conferring to the city the 
land granted to it by the governor of New Mexico, and the 
plaza, streets, alleys, and other property held by the cor- 
poration for public purposes, and the petition should be 
dismissed as to all other claims. The court should ex- 
amine the grants and evidence filed in support of claims 
to land within the four square leagues which are sub- 
mitted with this case, and if such grants are genuine, and 
the claimants have such an interest as entitles them to 
prosecute the suit, such grants should be confirmed. 

"W. W. MURRAY, 
"Associate Justice." 

The supreme court of the United States, speaking 
through Mr. Justice White, declares that the origin of the 
town or city of Santa Fe is obscure, "but the record 
(United States vs. Santa Fe, 165 U. S., 676), indicates 
that as early as 1543 the settlement was made by deserters 
from the Spanish military force under Coronado, who 
refused to accompany their commander on his return to 
Mexico, and settled at Santa Fe." : 

There is not a line of documentary proof in existence 
which by any possible stretch of the imagination can jus- 
tify a statement of this sort, coming from the highest 
judicial tribunal in the United States. 

The Spanish City of Santa Fe was not settled until 
1605, when it was made the capital of New Mexico by 
Don Juan de Oiiate. governor and captain-general of the 
Province of New Mexico. 

When the court of private land claims was created a 
petition was filed, under the act of March 3, 1891, creat- 
ing that court, setting out the existence of the Villa de 
Santa Fe. In this petition it was declared that prior to 
the insurrection of 1680, the Villa had received a pueblo 
grant of four square leagues, the central point of which 
was in the center of the plaza of the City of Santa Fe; 
that such grant had been made by the king of Spain; 
that juridical possession was given thereunder and that 



226 THE SPANISH AECHIVES OF NEW MEXICO 

such facts were evidenced by a valid testimonio ; that the 
archives and records of the Villa were destroyed in the 
Pueblo Rebellion of 1680 and on that account could not 
be produced. The petition concluded with a prayer for 
confirmation to the city "in trust for the use and benefit 
of the inhabitants thereof, and of such grantees and as- 
signees of parts of the said lands as have derived, or may 
hereafter acquire by due assignments, allotments, and 
titles in severalty to said parts respectively. ' ' A demurrer 
to this petition was filed, giving as grounds that no cause 
of action had been stated and that it failed to disclose the 
fact that there were many adverse claimants, under Span- 
ish grants, to the land sued for, and that such claimants 
were necessary parties defendant. Thereafter seventeen 
persons appeared, alleging that they were the holders of 
Spanish titles to land within the area claimed and that 
their interests were adverse to the city. An amended pe- 
tition was filed and these seventeen persons were made 
defendants. 

The United States government, in its answer, denied 
the facts as alleged relative to the foundation and organ- 
ization of the Villa de Santa Fe; it denied also that the 
Spanish Villa had received title to or was by operation 
of the Spanish law entitled to claim the four square 
leagues of land; the answer averred that title to a large 
portion of the land embraced within the four square 
leagues was claimed under Spanish grants by others than 
the plaintiff, the validity of which claims, however, were 
not admitted, and that other portions of the four square 
leagues were in control, occupancy, and possession of the 
United States for a military post, known as Fort Marcy, 
for a building known as the ' ' Federal Building, ' ' and for 
an establishment known as the Indian Industrial School, 
and that another portion was in possession of the Terri- 
torial executive officers under the authority of the United 
States. 

At the hearing before the court of private land claims, 
the proof established the settlement and organization of 
the City of Santa Fe. The various grants referred to in 
the answer of the several defendants were offered in evi- 
dence and testimony adduced tending to show that they 
covered territory embraced within the claim to the four 
leagues, and were, therefore, adverse to the claims of the 
city. 



THE SPANISH ARCHIVES OF NEW MEXICO 227 

There was no evidence introduced showing that La Villa 
de Santa Fe, in any of its forms of organization under the 
Spanish government, or that the City of Santa Fe itself, 
had ever possessed the four square leagues to which it as- 
serted title, or that any lot-holder in the city claimed to 
own or hold by virtue of any title derived under the sup- 
posed right of the city. There was an entire absence of 
proof showing that any right by possession or otherwise 
within the area claimed was held under or by virtue of 
the implied grant of four square leagues upon which the 
city relied. On the contrary there was proof that in 1715 
the city of Santa Fe petitioned for a grant of a tract of 
swamp land situate within the boundaries of the four 
square leagues. 

The decision of the court of private land claims was 
favorable to the contention of the City of Santa Fe. The 
United States appealed to the supreme court of the United 
States, where the decree of the court of private land claims 
was reversed and the cause remanded with instructions to 
dismiss the petition. The supreme court held that " Un- 
der the act of March 3, 1891, it must appear, in order to 
the confirmation of a grant by the court of private land 
claims, not only that the title was lawfully and regularly 
derived, but that, if the grant were not complete and per- 
fect, the claimant could by right and not by grace, have 
demanded that it should be made perfect by the former 
government, had the territory not been acquired by the 
United States. 

''Although the act of 1891, in section 11, authorized a 
town presenting a claim for a grant to represent the claim 
of lot-holders to lots within the town, this provision does 
not override the general requirements of the statute as to 
the nature of the claim to title which the court is author- 
ized to confirm. The difference between the act of 1891 
and the California act of 1851 . . . accentuates the in- 
tention of congress to confine the authority conferred by 
the later act to narrower limits than those fixed by the 
act of 1851. The act of 1851 authorized the adjudication 
of claims to land by virtue of any 'right' or 'title' de- 
rived from the Spanish government, and conferred the 
power in express language on the board and court to pre- 
sume a grant in favor of a town. The act of 1891 not 
only entirely omits authority to invoke this presumption, 
but, as we have seen, excludes by express terms any claim, 



228 THE SPANISH AECHIVES OF NEW MEXICO 

the completion of which depended upon the mere grace or 
favor of the government of Spain or Mexico, and of the 
United States as the successor to the rights of those gov- 
ernments. 

"The petition is framed upon the theory merely of a 
right to four square leagues, vested in the city by opera- 
tion of law, and as the record contains no proof whatever 
as to the possessory claims of lot-holders in the city of 
Santa Fe, or as to the actual possession enjoyed by that 
city of public places, these latter rights, if any, as well as 
the asserted title of the city to the swamp tract to which 
reference has been made in the course of this opinion, are 
not to be controlled by the rejection now made of the pre- 
tensions of the city to a title to the four square leagues 
tract asserted to have been acquired by operation of 
Spanish laws." 

The claim of the City of Santa Fe having thus been de- 
cided adversely by the highest tribunal in the United 
States, the Congress of the United States, afterward, with 
certain provisions protecting the rights of the government 
to certain areas occupied by it, passed an act by which a 
grant was made to the City of Santa Fe the lot-holders 
and deeds were subsequently made by the city to those 
holding possession of the tracts and lots within the area 
granted by the government. 

Hall, Mexican Law, p. 51, on the Limits of Pueblos, 
says: "There never existed any general law fixing four 
square leagues as the extent of pueblos or towns. That 
extent of land was assigned to pueblos founded by con- 
tractors for Spaniards, by law 6, title 5, book 4, of the 
Laws of the Indies. Those formed by the government 
independent of contractors, were only limited by the dis- 
cretion of the governors of the provinces, and viceroys, 
subject to the approval or disapproval by the King. There 
are numerous pueblos in Mexico which have less and many 
that have more than four square leagues." 

817 VILLA NUEVA DE SANTA CEUZ. 1696. 

Settlement of nineteen families in said place by order of 
Don Diego de Vargas Zapata Lujan Ponce de Leon. 

Santa Cruz was re-settled April 12, 1695. The Indians 
who had moved thither from Galisteo were deprived of 
their houses and lands and a grant made to the Spaniards. 

At the time of the re-conquest, before a definitive title 



THE SPANISH AECHIVES OF NEW MEXICO 229 

to the public lands passed against the crown, the acts of 
the colonial officers required royal confirmation. How- 
ever, this system must have been modified, for on Novem- 
ber 24, 1735, we find a royal cedula wherein it requires 
that all grants be referred to him specially for confirma- 
tion; thus indicating that before that time some other 
royal official had that power. 

The royal instructions of 1754, October 15, among other 
things recited that "the holders of land sold or adjusted 
by the several deputies from the year 1700 up to the pres- 
ent time, shall not be molested, interfered with, nor de- 
nounced, now. nor at any time, if it appears they have 
been confirmed by my royal person, or by the viceroys and 
presidents of the Audiencias of the several districts in the 
time when this requirement was in force; but those who 
hold them without this necessary requisite shall apply for 
the confirmation thereof to the Audiencias in their dis- 
trict and to the other officers to whom the power is given 
by these new instructions, who, in view of the proceedings 
had by the deputies, in their order in regard to the sur- 
vey and valuation of such lands and of the title issued by 
them, shall examine as to whether the sale or composition 
is made without fraud or collusion and at appropriate 
and equitable prices, with the presence and hearing of the 
Attorneys General, so that, with attention to everything, 
and if it appears that the price of the sale and composi- 
tion and the corresponding half annata tax have been paid 
into the royal depositories, and after performing what- 
ever pecuniary service appears necessary, they may issue 
to them in my royal name the confirmation of their royal 
titles with which they w T ill be established in the possession 
and dominion of such lands, waters, or wild lands, and 
neither the holders nor their general or individual suc- 
cessors shall at any time be molested therein." 

818 VILLA NUEVA DE SANTA CRUZ. 1696. 

Petition of Inhabitants in regard to change of place on 
account of poisonous herbs which kill their stock. Don 
Diego De Vargar Bapata Lujan Ponce de Leon, Gov- 
ernor. Martin Urioste; Alphonso Rael de Aguilar; Do- 
mingo de la Barreda, Secretary of Government and War. 
This grant was confirmed by the court of private land 
claims and surveyed for an area of more than 4,500 acres. 
It lies south of the grant to the pueblo of San Juan. 



230 THE SPANISH ARCHIVES OF NEW MEXICO 

819 ANTONIO DE SILVA. Grant. 1699. Land in Santa 
Cruz. 

Re-validation made by Pedro Rodriguez Cubero of the 
same made by his predecessor, Don Diego de Vargas, Gov- 
ernor. Testimonio certified by Antonio Aguilera Isassi, 
Alcalde. 

820 TOMAS PALOMINO to Antonio de Silva. Santa Fe. 
1699. 

Exchange of lands. Testimonio. Certified by Antonio 
Aguilera Isassi, Alcalde. 

821 BARTOLOME LOVATO to Pedro de Sandoval. Santa 
Fe. 1701. 

House and lands. Joseph Rodriguez, Alcalde. Diego de 
Belasco. 

822 JACINTO SANCHEZ. Grant. 1703-1704. 

Lands near the pueblo of Cochiti. El Marques de la 
Nava y Brazinas, Governor. Annulled. Majada Tract, 
q. v. 

Petition by Jacinto Sanchez, asking for a grant of a 
tract of land opposite the pueblo of Cochiti, which tract 
had belonged to Cristobal Fontes before the revolution 
(1680) and of which subsequently a grant had been made 
to Sanchez by Don Pedro Rodriguez Cubero, which grant 
Sanchez had lost. 

The grant asked for was made by the Marques de la 
Nava de Brazinas (Diego de Vargas), on December 23, 
1703, and the chief alcalde, Manuel Baca, was ordered to 
give the possession. 

Subsequently, after the receipt of a letter from the 
Reverend Father Juan Alvarez, setting forth the request 
of the Indians of Cochiti that the grant which had been 
made should be recalled, the governor made an additional 
order to the effect that the grant made to Sanchez should 
be understood as applying only to what had legally been 
the tract owned by Fontes, and that in giving the posses- 
sion of the tract no injury should be done to the Indians. 

This document does not contain any evidence of the 
giving of possession. 

The governor's additional decree is dated January 11, 
1704. 






THE SPANISH AECHIVES OP NEW MEXICO 231 

823 LOEENZO DE MADEID. 1704-05. 

Question of lands with the convent of San Juan. El 
Marques de la Nava de Brazinas. Pedro Rodriguez de 
Cubero. 

It is stated that the Marques de la Naba de Brazinas 
died on April 8, 1704; that twenty-one frayles (Re- 
ligious) gave up their lives in the revolution of 1680 and 
five in that of 1696. 

824 BAETOLOME SANCHEZ. 

Grant. Land on the Chama near Santa Clara. Santa Fe. 
1707. Made by Francisco Cubero y Valdes, Governor. 
Possession given by Juan Roque Gutierres, Alcalde. 
Bartolome Sanches Grant. E. No. 264. 

This grant was confirmed by the court of private land 
claims and according to the survey has an area of 4,400 
acres. It lies along the western and southern sides of the 
San Juan Pueblo Grant, west of the Rio Grande ; its south 
boundary is the grant to the pueblo of Santa Clara. 

825 ANDERS MONTOYA and Antonia Lucero de Godoy, 
his wife, to Bernardino de Sena. Santa Fe, 1710. 

Land on the other side of the Rio de Santa Fe. Diego 
Arias de Quiros, Alcalde. Manuel de Servantes. 

826 SEBASTIAN DE MONDEAGON to Bernardino de 
Sena. Santa Fe. 1710. 

Donation. Land. Diego Arias de Quiros, Alcalde. Man- 
uel de Servantes. Xptobal de Gongora, Secretario de 
Cabildo. 

827 BAETOLOME SANCHEZ. 

Re-validation of a grant on the Chama. El Marques de la 
Periuela, Governor. No. 824, q. v. 

828 PASCUAL TEUXILLO to Pedro Sanchez. Santa Fe. 
1713. 

Rancho in the Canada. Jacinto Sanches, Alcalde. Juan 
de Atienza Alcala; Francisco de la Mora. 

"Pedro Sanchez, a native of this kingdom, and a resi- 
dent of the town of Santa Cruz, in the most approved 
manner prescribed by law, and most convenient to my- 
self, appear before your excellency, representing that, 
whereas I have to support twelve children and three or- 
phan nephews who are without father or mother, three 



232 THE SPANISH ARCHIVES OF NEW MEXICO 

female servants, and, with my wife, will make, in all, the 
number of twenty persons, and having a piece of land 
acquired by purchase, which is so small that I am com- 
pelled to borrow lands from my other immediate neigh- 
bors in order to extend my crops every year, and even in 
this manner I cannot support myself, nor can I maintain 
on said land a few sheep and four cows and some mares 
and horses, all of which are necessary to the support of 
so large a family, and which are poor for the want of 
pasture, and suffer a great many wants, and in order to 
supply them I have deemed proper to register and do 
register a piece of land on the other side of the river Del 
Norte, uncultivated and abandoned, and as such, unoccu- 
pied, there being no one having any claim thereto; the 
boundaries being on the north the lands enjoyed by right 
by the Indians of the pueblo of San Ildefonso, on the 
south the lands of Captain Andres Montoya, on the east 
the Del Norte river, and on the west the Rocky Moun- 
tains ; and, imploring the royal aid of your excellency, as 
a loyal subject of his Majesty, in view of all that I have 
stated, I pray and request that you be pleased to grant 
me said land in the name of his Majesty (whom may God 
preserve), in order that I may settle upon it so soon as 
the alcalde himself of Santa Cruz places me in possession, 
all of which I expect from the charity and justice of your 
excellency, and I swear by God, our Father, and the sign 
of the most holy cross, that my petition is not made in 
malice, but of absolute necessity, and whatever may be 
necessary, etc. PEDRO SANCHEZ" [rubric] 

829 ANTONIO DE SALAZAE. 

Grant. 1714. Reported Claim No. 132, q. v. 

Was rejected by the court of private land claims. 

830 CRISTOBAL DE LA SERNA. 

Grant. 1715. Reported Claim No. 109. 

831 JUAN GARCIA DE NORIEGA to Salvador de Santie- 
stevan. Santa Fe, 1715. 

House and land. Juan Garcia de la Rivas, Alcalde. An- 
tonio Duran de Armijo ; Juan Manuel Chirinos. 

832 MIGUEL DURAN to Domingo Martin Serrano. Santa 
Fe, 1715. 

House and land. 



THE SPANISH ARCHIVES OF NEW MEXICO 233 

BABTOLOME SANCHEZ. Santa Fe, 1716. 

Testimonio of his grant in La Canada de Santa Cruz. 
No. 824, 827, q. v. Juan Garcia de la Rivas, Alcalde. 

14 BARTOLOME SANCHEZ. Santa Fe, 1716. 

Complaint against Salvador de Santistevan. Bartolome 
Lobato; Nicolas Griego; Xptobal Crespin; Juan de Mes- 
tas. In the matter of their occupancy of his grant. Nos. 
824, 827, and 833, q. v. No final action. Phelix Martinez, 
Governor. Nos. 167, 170, 433, 435, 436, and 437, q. v. 

835 FRANCISCO XAVIER ROMERO to Maria de Selor- 
ga. 1718. 

House and land in La Canada de Santa Cruz. Francisco 
Bueno de Bohorquez y Corcuera, Alcalde. Juan de Paz 
Bustillos; Gregorio Garduno; Diego Arias de Quiros. 

836 ANDRES MONTOYA to Bernardino de Sena. Santa 
Fe, 1723. 

Land on the other side of Rio de Santa Fe. Bohorques, 
Alcalde. Pedro Lopez Gallardo; Miguel de Sandoval 
Martinez; Juan Manuel Chirinos. 

837 JOSEPH DE SANTIESTEVAN and Josepha Montoya, 
his wife, to Bernardo de Sena. Santa Fe, 1725. 

Lands. Miguel Joseph de la Vega y Coca, Alcalde. Juan 
Joseph Lobato; Juan Manuel Chirinos. 

The Cuyamungue Grant, Reported No. 64, was known 
as the Bernardo de Sena Grant. 

"When this grant was first surveyed, in 1877, there was 
a conflict between the survey and those of the grants to 
the pueblos of Nambe and Pojoaque. The grant was 
never confirmed by Congress, but the title was confirmed 
by the court of private land claims October 24, 1895. The 
case was appealed to the supreme court of the United 
States, where the decision was reversed, a new survey or- 
dered and a new decree was entered. By this the conflicts 
were removed. The Cuyamungue is bounded on the north 
by the Pojoaque and the Nambe grants and on the south 
by the grant to the pueblo of Tesuque. This grant is 
sometimes called the Bernardo Sena Grant and should not 
be confused with the Alfonso Rael de Aguilar or Pueblo 
of Cuyamungue Grant, Reported No. 1 81, which was re- 
jected by the court of private land claims. 



234 THE SPANISH AKCHIVES OF NEW MEXICO 

838 AGUSTIN SAIS. Intestate. Santa Fe, 1725. 

Inventory of his property. Miguel Joseph de la Vega y 
Coca, Alcalde. 

839 FRANCISCO EENDON to Antonio Felix Sanches. 
1728. Santa Fe. 

House and lot on the other side of Rio de Santa Fe. 
Diego Arias de Quiros, Alcalde. Juan Manuel Chirinos. 

840 ANDRES MONTOYA, el viejo, to Bernardino de Sena. 
Santa Fe. 

Land on the other side of the river Santa Fe. 1728. 
Diego Arias de Quiros, Alcalde. 

841 FEANCISCO DE SILVA, Alburquerque, vs. NICOLAS 
DE CHABES. 1733. 

In the matter of the dower of his wife. Gervasio Cruzat 
y Gongora, Governor. Juan Gonzales Bas, Alcalde. 
Bernabe Baca; Nicolas Duran; Francisco Antonio Gon- 
zales ; Juan Phelipe de Eibera ; Pedro Barela ; Isidro San- 
chez ; Antonio de Chabes ; Geronimo Jaramillo. 

842 MAEIA SANCHEZ vs. SALVADOR VIGIL. Canada 
de Santa Cruz, 1734. 

In the matter of land sold by her deceased husband, Juan 
Ignacio Mestas, to defendant against the will of herself 
and her minor children. Fernando Chacon, Governor. 
Josef Andres Galles ; Antonio Jose Ortiz, Alcalde ; Miguel 
Garcia, Alcalde. 

843 JOSE SANCHES. 

In the matter of the settlement of the estate of his de- 
ceased father, Jacinto Sanches. Alburquerque, 1735. 
Juan Gonzales Bas, Alcalde ; Geronimo Xaramillo ; Pedro 
Barela ; Joseph Gonzales Bas ; Alexandro Gonzales ; Fran- 
cisco Antonio Gonzales; Juan Julian Gonzales; Juan 
Julian Gonzales Bas. 

844 LAZARO GARCIA DE NORIEGA, as executor of the 
estate of his deceased father, to Antonio de Santieste- 
van. Santa Fe, 1739. 

Land on -the other side of the Rio Santa Fe. Antonio 
Montoya, Alcalde; Baltazar Montoya; Gregorio Garduno. 




THE SPANISH ARCHIVES OF NEW MEXICO 235 

845 JOSEPH SALAS vs. MARIA DE SILBA. Fuenclara, 
1745. 

Trespass. Joachin Codallos y Rabal, Governor. Joseph 
Baca, Alcalde. 

846 MARIA GOMEZ ROBLEDO, widow, and Bernardo de 
Sena, executors of Diego Arias de Quiros to Manuel 
Sanz de Garvisu. Santa Fe, 1738. 

House and lands. Joachin Codallos y Rabal, Governor. 
Phelipe Jacobo de Vnuane ; Francisco Ortiz ; Joseph Homo 
de Vera. 

On the first page a house is described as being "con- 
tiguous to the tower of the Palace." The boundaries de- 
scribed on the following page show that this tower was 
on the east end of the building. 

847 MIGUEL MARTIN SERRANO vs. LOS VALDESES. 
Abiquiu, 1746. 

Joachin Codallos y Rabal, Governor. Vincente Ginzo Ron 
y Thobar; Juan de Beytia, Alcalde; Francisco Gomez del 
Castillo. 

848 PUEBLO DE NUESTRA SENORA DE LOS DOLORES 
DE SANDIA. 1748. 

Proceedings in the establishment of the Mission, etc. Joa- 
chin Codallos y Rabal, Governor. Bernardo Antonio de 
Bustamante, Alcalde (Tagle) ; Isidro Sanchez Tagle; Fr. 
Juan Miguel Menchero. 

Petition by Friar Juan Miguel Menchero to Governor 
Joaquin Codallos y Rabal, asking that lands be distributed 
to the Moqui Indians who had been arathered together 
with a view to the reestablishment of the pueblo of San- 
dia; that the boundaries of the pueblo lands be deter- 
mined; that certain lands which had been granted to 
Spaniards within the boundaries desired by the Indians 
be declared to belong to the latter, and that the Spaniards 
be given lands elsewhere, etc., etc. 

The foregoing petition was presented to the governor 
on April 5, 1748, together with a communication from the 
viceroy of New Spain in regard to the reestablishment of 
the mission. The governor thereupon commissioned Don 
Bernardo de Bustamante to go to Sandia and examine the 
tract needed for the reestablishment of the new pueblo, 
and to distribute the lands, waters, pastures, etc., neces- 



236 THE SPANISH ARCHIVES OF NEW MEXICO 

sary for the use of the Indians, setting forth the bound- 
aries, and giving the royal possession to the missionary 
who might be appointed to manage the pueblo. He 
further directed that for the time being the pueblo of 
Sandia should be attached to Alburquerque, for judicial 
purposes, and subject to the control of the chief alcalde 
of that town in such matters. The alcaldes of the 
various towns were directed to see to it that the Moqui 
Indians who might be residing in their respective districts 
should assemble as soon as possible at Sandia, where 
construction of the new pueblo was to be begun by the 
beginning of the month of May. 

On May 14, 1748, Bustamante, who was at Sandia on 
that date, caused to appear before him three Spaniards, 
Antonio de Salazar, Joseph Jaramillo, and Salvador Jara- 
millo, who apparently were the owners of land on the 
west side of the Rio del Norte (Rio Grande) and opposite 
the site of Sandia. Bustamante explained to these men 
that the law allowed the Indians to have a league in each 
direction from their pueblo, but that he would not 
measure the league toward the west (which, doubtless, 
would have included the lands occupied by the Span- 
iards), but in consideration of this the Spaniards would 
have to consent to the Indians grazing their stock west 
of the river on the Spaniards' pasture lands. To this they 
agreed in the presence of witnesses. 

On May 16, 1748, Bustamante called together the own- 
ers of lands adjoining those of the Indians on the north 
and south, and asked them whether they had any objec- 
tions to make to the giving of possession to the Indians as 
had been ordered by the governor. They replied that not- 
withstanding the fact that the measurements included 
some lands granted to them and others purchased by 
them, they would give them up without controversy, be- 
cause of the orders proceeding from superior authority, 
but they would take legal steps to protect their rights. 
Bustamante then proceeded to give to the new pueblo and 
mission the name of Nuestra Seilora de los Dolores y San 
Antonio de Sandia, after which he placed the Indians and 
their pastor, Friar Juan Joseph Hernandez, in possession 
of the lands. 

In making the measurement toward the west (presum- 
ably from the site of the new pueblo] to the Rio del 
Norte, there were only 1,440 varas, or 3,560 varas less than 
a league. 



THE SPANISH ARCHIVES OF NEW MEXICO 237 

Bustamante says that in order to make up the distance 
which was lacking in this measurement, it became neces- 
sary to increase in an equal degree the measurements to- 
ward the north and south. He further states that he or- 
dered landmarks of mud and stone, as high as a man, 
with wooden crosses on top of them, to be placed at the 
following places : On the north opposite the end of what 
was commonly called the Canada del Agua, on the south 
opposite the mouth of the Canada de Juan Taboso, and on 
the east the main mountain range called Sandia. 

The new pueblo was settled by 350 persons, counting 
adults and children. 

[9 MARIA TRUXILLO to Antonio Salazar. Corral de 
Piedras, 1750. 

Land. Juan Jose Lobato, Alcalde. Juan Joseph Jaques. 

850 MARIA DE SERNA and Jacinto Martin, her husband 
to the Heirs of Sebastiana de Serna. Villa Nueva de 
Santa Cruz. 1751. 

Land inherited from Eoque Madrid, her grandfather. 
Juan Joseph Lovato, Alcalde. Antonio Martin. 

851 CLEMENTS MONTOYA to Antonio Sandoval. San 
Antonio de Padua del Pueblo Quemado. 1752. 

Land in this Grant. Juan Joseph Sandoval, Alcalde. 
Alonzo Sandoval. 

852 MARIA DE HERRERA to Francisco Saes (Zaes and 
also Sais). Santa Cruz del Ojo Caliente. 

Donation of house and lands. Juan Joseph Lobato, Al- 
calde. Juan Manuel Bias del Castillo, Vicente Apodaca, 
Jose Martin. 

853 MARIA DE HERRERA, widow of Captain Antonio 
Martin, to Gregorio Sandobal. Santa Cruz del Ojo 
Caliente, 1753. 

Donation of house, lot and lands. Juan Jose Lobato, 
Alcalde. Francisco Saes. 

854 MARIA MAGDALENA DE MEDINA, wife of Juan de 
Ledesma, absent in Sonora, to Maria Francisca de 
Sena. Santa Fe, 1753. 



238 THE SPANISH ARCHIVES OF NEW MEXICO 

Land in Tesuque. Francisco Guerrero, Alcalde. Man- 
uel Bernardo Garvisu. Santa Fe, 1763. Partition of the 
above land by Manuel Gallego, Alcalde. Between Fran- 
cisco de Sena and Maria Tomasa de Sena, minor heirs, 
yicente Sena, Antonio Abad Armenta. 

855 MIGUEL DE DIOS SANDOVAL. 

Francisco Guerrero, Alcalde. Geronimo Esquibel. 

856 JUANA SISNEROS. 

Francisco Guerrero, Alcalde. 

857 SANTIAGO DE EOYBAL, Vicario y Juez Edesiastico, 
to Phelipe de Sandoval Fernandez de la Pedrera. San- 
ta Fe, 1756. 

Donation of a flour mill called Molino de San Francisco 
on the Rio de Santa Fe above the city. Francisco Guer- 
rero, Alcalde. Bernardo Manuel Garvisu, Lucas Moya. 

858 FERNANDO ROMERO to Phelipe de Sandobal Fer- 
nandez de la Pedrera. 

Land in Santa Fe, 1756. Francisco Guerrero, Alcalde. 
Lucas Moya. 

859 MARCELA TRUGILLO to Phelipe de Sandoval Fer- 
nandez de la Pedrera, 1758. 

Land on the Rio de Santa Fe above the city. Francisco 
Guerrero, Alcalde. Manuel Bernardo Garvisu. 

860 BERNARDINO DE SENA. 

Will, Santa Fe, 1765. Francisco Guerrero, Alcalde. Tomas 
Antonio Sena. 

The testator requests that his remains be buried in the 
"Capilla de Senor San Miguel." 

861 HEIRS of Lucia Gomez Robledo : 

Antonio Sandobal, Maria Francesca Rael, Nicolas Rael de 
Aguilar, Melchora Sandoval, Juan Sandobal, and Phelipe 
de Sandobal Fernandez to Andres de Sandobal. Santa 
Fe, 1758. Land on right side of the Rio Santa Fe. Fran- 
cisco Guerrero, Alcalde. Jose Miguel de la Peiia. 

862 ROSALIA DE GILTOMEY to Antonio de Sena. Santa 
Fe, 1760. 

Land. Francisco Guerrero, Alcalde. Juan Esteban Baca. 



THE SPANISH AECHIVES OF NEW MEXICO 239 

MAEIA FEANCISCA DE SENA, widow of Joche Mo- 
reno. Intestate. Santa Fe, 1763. 

Proceedings in the settlement of her estate. Santa Barbara 
de la junta de los Rios. Manuel Gallego, Alcalde. Jo- 
seph Miguel Garduno, Nicolas Rael de Aguilar, Vicente 
Sena, Antonio de Beytia, Juan Rafael Pineda, Tomas de 
Armijo, Carlos Joseph Mirabal. 

SANTA BAEBARA GEANT. No. 114. 

This grant was surveyed in 1879 for over 18,000 acres. It 
joins the Pueblo of Picuries Grant on the east. The title 
was confirmed by the court of private land claims and un- 
der the decree and survey it was found that the area is 
31,000 acres. The grant was patented May 5, 1905. 

864 FEANCISCO and MAEIA PAULA SANCHES vs. 
JOSEPH SANCHES, Executor of Jacinto Sanches. 
Canada de Santa Cruz, 1763. 

Claim to property under will of said Jacinto, their grand- 
father. Tomas Veles Cachupin, Governor. Antonio Baca, 
Alcalde. No final action. 

865 TOMAS SENA. Bartolome Fernandez. Manuel Du- 
ran y Chaves. Santa Fe, 1763. 

Registration of a mine. Tomas Veles Cachupin, Gover- 
nor. Manuel Antonio Lorenz. 

866 SIMON SEGUEA. 

Francisco Guerrero, Alcalde. Juan Cayetano Vnaue. 

867 ISABEL LUJAN, widow of Juan Lucero de Godoy, to 
Juana de la Cruz Sanz de Garvisu. Santa Fe, 1766. 

Donation of land in Santa Fe. Francisco Guerrero, Al- 
calde. Juan Antonio Alari, Francisco Xavier Fragoso, 
Geronimo Esquibel. 

868 SANTIAGO DE EOYBAL, Vicario y Juez Eclesiastico 
to Antonio de Sandobal. Santa Fe, 1766. 

Donation of a rancho between Los Palacios and Cien- 
eguilla, said rancho having been acquired by purchase 
from Bartholo Gutierrez. Francisco Guerrero, Alcalde. 
Lucas Manuel de Alcala, Juan Francisco Nino Ladron de 
Guebara. 



240 THE SPANISH AKCHIVES OF NEW MEXICO 

869 INHABITANTS OF SABINAL vs. INHABITANTS 
OF BELEN. 

Question of pastures and waters, 1767. Don Tomas 
Veles Cachupin, Governor and Captain-General. 

870 PEDKO MAETIN SEERANO. 

Will. Corral de Piedra. 1768. This man was the 
grantee of the Piedra Lumbre Grant. Antonio Joseph 
Garcia de la Mora, Alcalde. 

871 JULIANA DE SANDOBAL, wife of Miguel Taf oya, vs. 
Lugarda Taf oya. Santa Fe, 1768. 

Question of lands. Don Pedro Fermin de Mendinueta, 
Governor. Nicolas Ortiz, Teniente General. 

872 ANTONIO DE SALAZAE. Alburquerque, 1768. 

In the matter of the settlement of his estate. Francisco, 
Pablo and Cristobal de Salazar, executors and heirs. Joa- 
quin de Luna, husband of Juana Angela de Salazar, heir. 
Lands in Corral de Piedra. Don Pedro Fermin de Men- 
dinueta, Governor and Captain-General. 

873 CEISTOBAL MADEID to Joseph Salazar. 1769. 

House and land in Chama. Antonio Joseph Ortiz, Al- 
calde. 

874 CAYETANO DE ATENCIO to Joseph Salazar. Santa 
Cruz, 1769. 

House and land on the Rio Chama. Antonio Joseph Or- 
tiz, Alcalde. 

875 JOSEPH and JUAN DUEAN Y CHABES. Atrisco, 
1769. 

Confirmation of a sale of land made to Jacinto Sanches in 
1757. Confirmed to Feliciana Sanches, daughter of said 
Jacinto and wife of Joseph Hurtado de Mendoza. Fran- 
cisco Trebol Navarro, Alcalde. 

876 JUAN JOSEPH DUEAN to Pedro Ignacio Sanches. 
Santa Cruz, 1770. 

Land on the Rio Chama. Salvador Garcia de Noriega, Al- 
calde. 

877 INHABITANTS OF BELEN. 1776. 

Complaint against settlers coming in from Tome and 




THE SPANISH ARCHIVES OF NEW MEXICO 241 

Sdbinal. Don Pedro Fermin de Mendinueta, Governor. 
Diego de Borica, Ten'te G'ral. 

JUAN CRISTOBAL SANCHES. Tome, 1772. 

Question as to whether he has a right to pasturage in the 
Nicolas Duran y Chabes Tract. Don Pedro Fermin de 
Mendinueta, Governor. Reported No. 155, Nicolas Duran 
y Chaves Grant, q. v. 

879 JUAN CASIMIRO PEREA to Bernardo Sena Maese. 
1772. Puesto del Pino. 

Land in Santa Fe. Manuel Garcia Pare j a, Alcalde. 

880 JOSEPH ANTONIO SAIS. Alburquerque. 

Will, 1770. Joseph Apodaca, Alcalde. 

881 MANUEL BACA to Juan Jose Silva. Santa Fe, 1785. 

Land in the Cienega. Antonio Jose Ortiz, Alcalde. 

882 VILLA NUEVA DE SANTA CRUZ. 

Settlement, 1695. Don Diego de Vargas Zapata Lujan 
Ponce de Leon, Governor and Captain-General. 

''Proceedings had in the new town and settlement 
founded and called "The Exaltation of the Cross of the 
Mexicans of the King our Lord Don Carlos II,' estab- 
lished and obtained by the efforts of the governor and 
captain-general of this kingdom of New Mexico, its new 
restorer and conqueror, Don Diego de Vargas Zapata 
Lujan Ponce de Leon, a certified copy of the said pro- 
ceedings having been sent on May 11, of the said year of 
1695, to his excellency the viceroy, the Conde de Galve. 

"Don Diego de Vargas Zapata Lujan Ponce de Leon, 
governor and captain-general of this kingdom and pro- 
vince of New Mexico, its new restorer and conqueror at 
his own expense, and reconqueror and settler in the same, 
and castellan of its forces and garrisons, by His Majesty, 
etc. 

"It being now the time when a fixed place of residence 
must be given to the families which, on the part of His 
Majesty our Lord, whom may God preserve, in his royal 
name, by his excellency the viceroy, the Conde de Galve, 
over all the kingdom of New Spain governor and captain- 
general and president of the royal audience and court of 
the City of Mexico and of all this new world, and with 
the approval of the royal commission and the ministers 



242 THE SPANISH ARCHIVES OF NEW MEXICO 

of the same, have been sent, as well as the others brought 
by the said governor and captain-general to this king- 
dom, and all of which are now in this said city, and also 
as another lot and party are expected, and in order 
to give them a fixed place of settlement, land for cultiva- 
tion of their crops, pastures, woods and waters, watering 
places, commons, and stock ranges, in order that they 
may have all that they need for raising their large and 
small stock of all kinds and classes; and I, having been 
informed of the same, and it being the royal will that I 
should be placed in charge of the whole in the matter of 
the location and settlement of the said parties, and that I 
should procure for such as I considered proper for the 
service, stability, permanency, security, comfort, and 
utility, seeking to find the same on lands separate and 
apart, if possible, from the natives of the tribes and 
pueblos of this said kingdom and the district of this said 
city, in order to avoid the troubles and vexations which 
would arise if they live together with the Spaniards; 
but, on the contrary, being separated, both would be at 
peace, and the said natives and Spaniards would live to- 
gether in concord and harmony, in such manner that by 
kind and friendly treatment our holy faith might be im- 
planted among them on a firm basis and with the hope 
that with their example the adjoining barbarous tribes 
might be converted; and, with this view, I, the said gov- 
ernor and captain-general, having to duly carry out the 
royal will, which the said most excellent viceroy has so 
frequently and repeatedly communicated to me in the 
name of His Majesty, I have done what was necessary, 
and have not only gone over, passed through, and tried 
the entrances, exits, routes, courses, and distances, par- 
ticularly and generally, of all this said kingdom, but with 
an army of the royal forces of His Majesty under my 
command as far as the last pueblo and tribe of the Taos 
of this said kingdom and come out at the mouth of the 
river Chama at the pueblo of San Juan de los Caballeros, 
distant ten leagues from the said city, and the said ex- 
aminations having been made as aforesaid by me, the 
said governor and captain-general, I found that the said 
place and settlement of the said party and of the other 
said party that is expected to arrive should be made of 
lands which belonged to the Spaniards, who abandoned 
and left them at the time of the general revolution, in 



THE SPANISH AECHIVES OF NEW MEXICO 243 

the month of August, in the year 'eighty, in this kingdom, 
at the places and farms extending from this said city of 
Santa Fe to the pueblo of Tesuque, and those which ex- 
tend beyond the pueblos of San Ildefonso and Santa 
Clara, on the other side of the Rio del Norte, and, on this 
side, those which lie in front of the mesa de San Ildefonso 
and extend to the road which leads to the said pueblo of 
San Juan de los Caballeros, and those which extend to 
the pueblos established on the said farms, which are San 
Lazaro and San Cristoval, and those which extend from 
the latter in the direction of the highway which leads to 
Picuries, to the Canada called the Hacienda de Moraga, 
and the farms of Captains Luis Martin and Juan Buis, 
in front of and at the place and tract of land called 
Chimayo; and in order that they be examined by my 
lieutenant-governor and captain-general, who is Colonel 
Luis Granillo, I order him to proceed with Sergeant Ruiz 
de Cazeres, because he knows the language of the said 
tribe of the Teguas, to the two pueblos of the Thanos, 
San Lazaro, and San Cristobal, with Matias Lujan, their 
alcalde mayor, because he is also an interpreter, to ex- 
amine in the first place, the said farms and places sep- 
arately, making a map showing the names of the places 
and the names of their former owners, the quality of the 
lands, and the distances, and he will examine personally 
and will confer with the above mentioned as to the num- 
ber of persons who can be settled on the same, giving 
them lands which they can cultivate and plant advan- 
tageously and without inconveniencing one another, with 
notification that the pastures of the tract and limits of 
each of the said farms shall be in common and not for in- 
dividuals, and that the stock which each may have in 
greater or less number may feed on the same, and only 
in case of there being an equal number will it be per- 
mitted them to appear in order to petition that no one 
shall have more stock than another; and in this manner 
he will make the said demarcation, map, computation, 
and regulation and in respect to the said two pueblos of 
San Lazaro and San Cristoval, they having been estab- 
lished on the farms and lands which absolutely belonged 
and did belong to the said Spanish residents, who, because 
of the said general rebellion of the whole of this kingdom 
in the month of August, of the year 'eighty, abandoned 
and left them in order to save their lives, and who left 



244 THE SPANISH ARCHIVES OF NEW MEXICO 

on their farms their household goods, clothing, wares, 
grain, growing crops, and stock, all of which were taken 
possession of by the said rebels; and in view of the fact 
that the aforesaid, of the said tribe of Thanos, left their 
pueblos, because of the improvements and the fertility of 
the lands and the greater security of their lives, and came 
together with those of the Teguas tribe, who were settled 
at so short a distance, and took advantage of the occasion 
to obtain the improvements on the said lands, everything 
being already completed, those of San Cristoval and 
those of San Lazaro settled upon them, the lands which 
the Teguas of the said pueblo of San Juan de los Cabal- 
leros hold being many, and the number of people of both 
being small, and it being on the frontier, as it is, and at 
the entrance of the Apache enemy as well as that of the 
Ute tribe, they saw fit to admit them and give them the 
permission, with the general consent of all, to settle, as 
in effect they did settle and were settled in the said 
pueblo of San Juan, the land and dwelling houses of 
which are vacant and standing unoccupied today, be- 
cause of their having been abandoned only a few years 
ago on account of their having gone to settle on the lands 
of the Spaniards, and where they are today living and 
settled; and whereas I have conferred with the said gov- 
ernors of the said pueblos in regard to the above reasons 
and the royal will, and I, the said governor and captain- 
general, not being informed of the settlement which the 
said natives of San Lazaro, in the said pueblo of San 
Juan, had granted and designated to their governor, Don 
Cristoval Yope, the place of Yunque, in order that they 
might go there in the coming winter, giving them per- 
mission and consent to plant the said lands this year, he 
having a place to go to thereafter with his said people, 
which number sixteen families, their whole number being 
one hundred and fifty-five persons, according to what I 
am informed and as appears by the list of the same made 
by the reverend father preacher, Brother Antonio Obre'- 
gon, their father minister, doctrinal teacher, and guard- 
ian; I hereby direct my said lieutenant-general and their 
said alcalde mayor and interpreter, Matias Lujan, to say 
and intimate to the said natives and their said governor, 
Don Cristoval Yope, that they must go to their said land 
which they have in the said pueblo of San Juan, which 
they had in the same, as well as the lands which were 



THE SPANISH AECHIVES OF NEW MEXICO 245 

given and partitioned among them by the natives of the 
same ; and I direct my said lieutenant-general, if it should 
be necessary, to go to the said pueblo of San Juan with 
the said governor, Don Cristoval Yope, and the war cap- 
tains of the two pueblos being together in the plaza to 
inform them of my said order by virtue of the said royal 
will, which is but just and proper with regard to the said 
Spaniards, and it being neither unjust nor tyrannical to 
order them to leave the said lands and town founded by 
them on their said tract when they have and are pro- 
vided with a safe dwelling on the portion of land which 
belongs to them as their own in the pueblo of San Juan, 
and as they also have their lands sufficient, irrigable, and 
dependent upon the seasons which are well known, and it 
is not right that injustice and injury should be done to 
the Spaniards by keeping them out of their said lands 
known to be theirs, which through the Divine will 
promise, on account of their fertility, abundant harvests, 
wherewith to maintain themselves and secure their sup- 
port, without running the risk of a failure and the loss 
of their supplies by working new lands; and these (the 
Spaniards) even at great cost are not yet secure among 
the said natives, but are discouraged and intimidated, 
and have not the measure and the amount of their legi- 
timate value (of the lands), and besides, the risk of a 
new loss to the royal Crown, and also the labor of work- 
ing for a year lands wild and unknown, for all of which I, 
the said governor and captain-general, ought to consider 
and regard such proper reasons as the near arrival of 
the above-mentioned lot and branch of the said people 
and settlers in the said planting season, so as not to have 
them to break lands, much less not to be troubled with re- 
gard to their dwelling houses, they having them secured 
on the said lands and tracts, as well as their acequias open 
and prepared, wherefore it is not in my power to give 
permission to the said natives of San Lazaro to plant and 
cultivate the same for this year, but they, as well as those 
of the said pueblo, must vacate them, and go to their 
said piece of land and dwelling houses in the said pueblo 
of San Juan and on their said lands and there plant their 
crops, and he will give them time to move without injur- 
ing or tearing down the said houses of the said town until 
the moon of the coming month, and he will call upon 
them to consider their having enjoyed for so many years 



246 THE SPANISH AECHIVES OF NEW MEXICO 

the planting of the said lands as a reason for there being 
nothing due them on account of their leaving the said 
town. And with regard to the pueblo of San Cristoval, 
my said lieutenant-general, together with the said alcalde 
mayor and interpreter, Matias Lujan, will proceed to the 
same, and will tell the said governor and captains to go 
to the said place of Chimayo, where they asked my per- 
mission to settle, and I will keep my word to them in all 
things, and if it be ascertained that the said land which 
they designated and asked for can be planted at once, 
and he will remind them that I gave the said permission 
and promise in regard to the said possession with the 
understanding that the lands should not be such as to re- 
quire much time to prepare them for planting, and it 
having been learned that this could readily be done I 
made them the said grant under the condition that they 
should at once take possession and establish their settle- 
ment and plant their crops at the said place ; and he will 
give them also, as a term for leaving and moving from 
their said town until the moon of the coming month, since 
they have had time sufficient for the same, and the said 
Spanish settlers, who have made representation and to 
whom I have made a grant because of their having al- 
leged that the said tract and lands were theirs in the 
said place of Chimayo, shall go with my said lieutenant- 
general, in order that in the presence of the said gover- 
nor and the natives of the said pueblo of San Cristoval 
they shall identify the tract which they have asked for 
and the lands which I have granted to them, which are 
from the said pueblo forward and none towards that 
which they leave and the road which leads to the said 
pueblo of San Cristoval, since with this specification I 
made them the said grant; and I inform, direct, and or- 
der the said Spaniards, through my lieutenant-general, 
not to have any conflict with the said natives, as my 
word and the importance of the said compact are superior 
to the grant which I have made to them, since it is uncer- 
tain because of having been made on lands designated for 
the said natives and governor of the said pueblo of San 
Cristoval, and therefore I will make it up to them in 
another part and place of equal value; and to the said 
natives he will make known the said order and will di- 
rect that they obey, carry out, and execute the same with- 
in the said term in accordance with the reasons justifying 



THE SPANISH AKCHIVES OF NEW MEXICO 247 

the same set forth, and those of them who may have any 
complaint may appear before me, the said governor and 
captain-general, in this city to make the same, and to say 
to them that I will hear them verbally or in writing, they 
presenting them through their alcalde mayor and inter- 
preter, Matias Lujan, and in order that this said order 
to my said lieutenant may appear, and for the execution 
of the same I so provided and signed the same with my 
civil and military secretary, and it is dated in this city 
of Santa Fe on the eighteenth day of the month of 
March, of this present year of one thousand six hundred 
and ninety-five, to whom, on my order, it was delivered 
in the original in order that it be returned with the report 
of its execution. 
"DON DIEGO DE VARGAS ZAPATA LUJAN PONZE DE LEON 

[rubric] 

1 ' ALPHONSO RAEL DE AGUILAR [rubric] 
' ' Civil and Military Secretary. ' ' 



DEPARTURE FROM THIS CITY OF SANTA FE 

* ' In this city of Santa Fe, on the twentieth day of the 
month of March, in the year one thousand six hundred 
and ninety-five, I, Colonel Luis Granillo, lieutenant and 
captain-general of this kingdom of New Mexico, in ful- 
filment of and in obedience to the above order and direc- 
tion of the governor and captain-general of this kingdom, 
who is Don Diego de Vargas Zapata Lujan Ponze de 
Leon, left this city in company with the sergeant, Juan 
Ruiz de Cazeres, and at the distance of two long leagues 
from the same before arriving at the pueblo of Tesuque, 
of the Teguas, I came to the farm, which is in ruins, 
which belonged to Colonel Francisco Gomez, in which 
there is sufficient agricultural land for one settler only, 
and pasturage and woodland for the stock of one owner 
only; and I proceeded from the said pueblo of Tesuque 
directly to San Lazaro, which is the pueblo named in the 
said order, and in order to duly execute the same I caused 
to be assembled its governor, and cacique, Don Cristoval 
Yope, and the elders and principal men, and the majority 
of the natives of the said town of the Thano tribe, and in 
the presence of their alcalde mayor, who is an interpreter, 
and Sergeant Juan Ruiz, who is also an interpreter and 
who acted as such, I read to them the said order that they 
might understand it in their Thano tongue word for word, 



248 THE SPANISH AKCHIVES OF NEW MEXICO 

as was done, and they all answered that they would obey 
in accordance with what they had asked for and the 
grant which had been made to them in order that they 
might settle anew on the place at the end of the Canada, 
called Chimayo, adjoining the mountain range, and in 
order to identify the same and to carry out the said direc- 
tion contained in the said order I instructed them to pro- 
ceed to the inspection of the same in my company to- 
morrow and also to advise as parties interested and ad- 
joining, the governor of San Cristoval, the principal men 
and the natives of the same and in order that it may so 
appear, I made it a part of the proceedings, and I signed 
the same, dated ut supra. Luis GRANILLO [rubric] 



"The said lieutenant-general proceeds with the said 
governors of the pueblos to the examination of the tract 
designated at Chimayo, which was granted to them by the 
governor and captain-general of this kingdom for their 
settlement. 

"On the twenty-first day of the present month of 
March, of the date and year, I, the said lieutenant-gover- 
nor and captain-general, left the said pueblo of San La- 
zaro with the said alcalde mayor and sergeant, and also 
its governor and leading Indians, and the majority of the 
natives, and also those of the pueblo of San Cristoval 
with their governor, their doctrinal minister, who is Fray 
Antonio Obregon, also going with them and me, the said 
lieutenant-general, and at the distance of two long leagues 
having gone through the Canada and passed an arroyo 
or small rivulet (arroyo Riochuelo Pequeno) which comes 
down from the said mountain range and which lines with 
the farm of Captain Juan Buis, up the river, and having 
gone along a little further, about half a league, where 
there is a ruin on the left, the said Indians, governors, 
and caciques showed me the plain which is adjacent to 
the said ruin which is in a Canada wide and large enough 
for their pueblo with sufficient land for irrigation from 
the arroyos and rivulets which come down from the said 
mountain range, and I examined the mouth of the ditch 
and the dam, which the said Indians showed me, and the 
said rivulet has water sufficient and permanent; and re- 
turning to the plain the said Indians again proceeded to 
mark off and describe the said place for which they had 
asked the said governor and captain-general, and which 



THE SPANISH AKCHIVES OF NEW MEXICO 249 

grant he had made and conceded to them, and they 
marked off the plan for the said town, saying that it was 
to be of sixty-eight houses, in order that the people of 
the said two pueblos might occupy the same, and adding 
to them the Thanos Indians and captive women who had 
escaped from the city of Santa Fe in case they should 
desire to come with them, that they would admit and re- 
ceive them ; thus the said lands were given and set off to 
them they being satisfied with having examined and seen 
the tract and place for the establishment and site of their 
pueblo, and in order that it might so appear I made it a 
part of the proceedings and I signed it, dated ut supra. 

"Luis GRANILLO [rubric] 



"The said lieutenant-general departs from the Canada 
for the pueblo of San Juan and proceeds to the other 
side of the Rio del Norte to sleep at Santa Clara. 

"And immediately thereafter, on the said day, month 
and year, I, the said lieutenant-general, took the route and 
way in order to carry out the tenor of the order and 
direction aforesaid, proceeding to the examination of 
the farms and ranches belonging to the Spanish set- 
lers in the Canada before the general revolution of 
this kingdom, which were said to be occupied and 
at the distance of half a league, and on the boundary of 
said farm of Captain Juan Ruiz, which he has at the said 
place of the said grant to the said Indians, I found and 
examined the farm which belonged to the Martinez, the 
ruins of which consist of the standing walls, and in them 
were living encamped five persons, with their families, 
because there were lands and pastures sufficient on the 
north; and having proceeded in the said direction about 
three-quarters of a league I found, on the left of the 
route, the said pueblo of San Lazaro, and crossing the 
Rio del Norte to the right side I found and saw the farm 
which belonged to Miguel Lujan, on which the house is still 
standing, he occupied with his own family only, as there is 
irrigable land sufficient for one family only and pastures 
sufficient for such stock as it might possess ; and with this 
farm there lines another house and cultivable lands which 
were planted by Marcos de Herrera, who had his family 
on another farm lower down which said place has about 
as much land as the last named and mentioned; and fol- 
lowing this there is another lot of cultivable land which 



250 THE SPANISH ARCHIVES OF NEW MEXICO 

belonged to Nicolas de la Cruz, the house on which is 
standing and occupied by his widow, the land being suf- 
ficient for the support of her family only, and the pas- 
tures are in the same proportion; and following this is 
the land which belonged to Melchor de Archuleta, the 
ruin of the house only remaining, and there are about 
sufficient lands for one family, with pastures to corre- 
spond; and following along the said plain and meadow 
there is another farm, which belonged to Juan Griego, 
and this is a better piece of land than any of the others, 
because of its extent, it being sufficient for two families, 
dividing the agricultural land between them and giving 
them the pastures in common; and next there follows 
another farm, which belonged to Sebastian Gonzales, and 
now held by Captain Alonso del Rio, and in this two 
others had shares, so that there is room for three families 
to settle on the said tract, and the lands are of superior 
quality ; and next is the farm which belonged to Francisco 
Xavier, the house in ruins and a little tower standing, 
and although he lived on it alone, the tract has abun- 
dant land for two families ; and this is followed by that of 
Pedro de la Cruz, of whose house there is but one room 
standing, and it has land sufficient for one family only; 
and having finished making the inspection of the said 
farms I, the said lieutenant-general, proceeded to the 
other part of the arroyo, which lies between them and 
descends the said Canada, the Rio del Norte being on the 
right, and I examined the following farms: first, there is 
adjoining the said arroyo the farm of which belonged to 
Bartolome Montoya, on which there is only the ruin of 
the house in which he lived, and there are lands sufficient 
for one family only ; and there adjoins this another farm, 
which belonged to Diego Lopez, and there is a tower left 
standing which adjoined his house, there being land 
enough for one family; following this is another farm, 
which belonged to Marcos de Herrera, and the said farm 
has land sufficient for one family, the house, because of 
its being close to the said arroyo or rivulet, was carried 
away by a heavy freshet; next follows another tract of 
land, which was held and owned by the community of the 
pueblo of Santa Clara; following is the farm which be- 
longed to Colonel Francisco Gomez, the lines of the foun- 
dation of his house only are visible, and there is room 
for one family only; next follows the farm which be- 






THE SPANISH AECHIVES OF NEW MEXICO 251 

longed to Ambrosio Saez, in the houses of which there are 
now living, as they were during the past year of one 
thousand six hundred and ninety-four, part of the Tegua 
Indians, rebels from the pueblo of Tesuque making use of 
the said lands, for which reason the houses are in good 
condition, and on this farm two other families can be 
settled ; and there is also in the middle of the said meadow 
the farm on which Agustin Romero was settled during the 
planting season because he had his cultivable land on the 
said tract, and here one family can live very well ; and so 
descending along the Bio del Norte and the Mesa de San 
Ildefonso, the ruins of the said house are seen, and the 
land is sufficient only for one family ; and the said farms 
are those which are found as aforesaid, from the said 
mouth of the Canada as named, with the owners who lived 
in them and were settled on them; and I, the said lieu- 
tenant-general, then returned with Sergeant Juan Ruiz, 
who accompanied me on the said inspection, and he knows 
the said places because of always having lived near them 
and of having been raised there; and the said report is 
true and certain, and in order that it may so appear, I 
made it a part of the proceedings, and I signed it, and 
I proceeded to the pueblo of Santa Clara, in order to 
sleep there; dated ut supra. 

"Luis GBANILLO [rubric] 

"Arrival of the said lieutenant-general at the city of 
Santa Fe, at which place he returns the order of the 
said governor and captain-general with the proceedings 
had in obedience thereto. 

"On the twenty-third day of the present month of the 
date and year, I, the said lieutenant-general, having ar- 
rived at the city of Santa Fe, made report of the fore- 
going proceedings to the governor and captain-general of 
this kingdom, Senor Don Diego de Vargas Zapata Lujan 
Ponze de Leon, and by direction and order of his excel- 
lency I left and delivered the original into his hands, 
and in order that it may so appear I signed the same 
with the said governor and captain-general in the pres- 
ence of his civil and military secretary. 

' * DON DIEGO DE VARGAS ZAPATA LUJAN PONZE DE LEON 

[rubric] 

"Luis GRANILLO [rubric] 
"Before me: 

"ALPHONSSO RAEL DE AGUILAR [rubric] 
"Civil and Military Secretary" 



252 THE SPANISH AECHIVES OF NEW MEXICO 

PETITION OF THE THANOS TRIBE OF THE PUEBLOS OF SAN 
CBISTOVAL 

"To THE GOVERNOR AND CAPTAIN-GENERAL: 

"The governors of the pueblos of San Lazaro and San 
Cristoval of the Thanos tribe for themselves and in the 
name of the people of the said pueblos: We appear be- 
fore your excellency asking that all the privileges al- 
lowed by law be given us, and we say: That your ex- 
cellency was pleased to order us to move from the said 
pueblos in order to settle them with Spaniards, and we 
pray that your excellency will give us time to plant the 
said lands, which are now open, during the present year, 
using the acequias of the same, and as soon as we take off 
the crops we will vacate the said pueblos in order that 
your excellency may settle them as your excellency 
pleases. Which said petition your excellency was pleased 
to grant, and with the same we were gratified. And now 
we have learned that it is the intention of your ex- 
cellency to send us to settle and plant in another place, 
in view of which we submit to the consideration of your 
excellency the hardships which we are now undergoing, 
as we have (as is well known) no maize, which is our 
only food, and now we are not only unable to procure 
any, but in order to support ourselves up to the present 
we have sacrificed our clothing, having had to sell it at 
low prices, and also in order to have seed for this year, 
and no matter where we may go to settle and plant it 
will be necessary for the people of both pueblos to occupy 
all their time in breaking the land and constructing ace- 
quias, a thing impossible to do in this year, because we 
have nothing to live on and we will have to seek it else- 
where, with which the present evil is not remedied, nor 
that of the future, which is imminent. In view of all that 
which we have set forth, placing ourselves at the feet of 
your excellency, with all due respect, we ask and pray 
that your excellency will consider our need and the rem- 
edy for the same, which rests wholly on your excellency's 
word, and that your excellency will be pleased to permit 
that for this year we may plant in these pueblos, and on 
our part we are ready to vacate them as soon as we gather 
the crops, in which we hope to receive from the powerful 
hand of your excellency all favor and grace as we have 
already experienced in things of greater import, and 
which is just, and for the same, etc., 






THE SPANISH AECHIVES OF NEW MEXICO 253 

' ' THE THANOS GOVERNORS OP SAN LAZARO 
AND SAN CRISTOVAL. 

"Presentation of the foregoing petition by the war 
captains for themselves and in the name of the Thanos 
tribe of the pueblos of San Lazaro and San Cristoval. 

"In this city of Santa Fe, on the twentieth day of the 
month of March, of the year one thousand six hundred 
and ninety-five, before me, Don Diego de Vargas Zapata 
Lujan Ponze de Leon, governor and captain-general of 
this kingdom and provinces of New Mexico, its new re- 
storer and conqueror at his own expense, and re-con- 
queror and settler and castellan of its forces and garri- 
sons by His Majesty, etc. 

DECREE 

"It was presented by the war captains of the natives 
of the Thanos tribe of the said pueblos of San Lazaro 
and San Cristoval; and, whereas I have given the order 
to my lieutenant-general, I direct that it be carried out 
and executed, since I can only permit that the Indians of 
the first pueblo, that of San Lazaro, if they do not desire 
to join and incorporate themselves with those of the pu- 
eblo of San Juan de los Caballeros, where they came from 
and where they left their portion of land, or to return to 
their old pueblo which they left and which they had and 
did have before the general revolution of this kingdom 
in the year 'eighty, and in which they lived for many 
years afterwards, they shall join and agree to live to- 
gether in the said second pueblo of San Cristoval, and 
shall plant their crops on their lands, going as far as the 
said Canada of Chimayo and farm of Moraga, where, dur- 
ing the past year because of the second uprising, they 
made and had their cornfields; and they having lands of 
their own, there is no reason why the royal will of His 
Majesty the King, our master, should not be carried out 
in regard to Spaniards who are expected and who are now 
on their way here to augment the population and secure 
the restoration and reconquest of this said kingdom, nor 
that the provision made for the same out of his royal 
treasury should be lost by their not being given lands 
suitable and proper for their making their crops and 
thereby their support reasons for not being able to 
leave exposed to said contingency an enterprise of such 
magnitude; and besides, in view of the objection of the 
said natives that the said lands are not in condition to be 



254 THE SPANISH ARCHIVES OF NEW MEXICO 

cultivated, they ought to consider the favor done in giv- 
ing them the half of the lands belonging to the other said 
pueblo of San Cristoval, and acknowledge the care and 
attention given to their relief ; and in order that this said 
decree may appear of record let it be placed, with the pe- 
tition of the said natives with the decrees and proceed- 
ings, which by virtue of the said order my said lieutenant- 
governor and captain-general shall carry out and make 
report of the same in order that proper action may be 
taken, and I signed it in this said city with my civil and 
military secretary on the said day ut supra. 

''DON DIEGO DE VARGAS ZAPATA LUJAN PONZE DE LEON 

[rubric] 
"Before me: 

"ALPHONSSO RAEL DE AGUILAR [rubric] 
' ' Civil and Military Secretary. ' ' 



"Proclamation including therein the grant made to the 
Mexican-Spanish families and given with the title of 
Villa Nueva de Santa Cruz de Espanoles Mexicanos del 
Rey Nuestro Senor Don Carlos Segundo, as set forth and 
the conditions and causes expressed for the carrying out 
of the same. 

"Don Diego de Vargas Zapata Lujan Ponze de Leon, 
governor and captain-general of this kingdom and pro- 
vinces of New Mexico, its new restorer, conqueror at his 
own expense, reconqueror and settler of the same, castel- 
lan of its forces and garrisons, by His Majesty, etc., 

"The Thanos Indians, of the pueblo of San Lazaro, 
having by virtue of my order and direction, as expressed 
in the same and forwarded for its due execution on the 
twentieth of March last of this present year to my lieu- 
tenant-governor and captain-general, Colonel Luis Gran- 
illo, as it appears in the proceedings which by virtue of 
the said order were had, and the said Indians having con- 
sulted with their governors and asked me for the grant 
of the tract of the Canada de Chimayo and left to me the 
said pueblos of San Lazaro and San Cristoval, and I hav- 
ing succeeded in having that of San Lazaro vacated in 
order to employ and occupy it with the families which 
his excellency the viceroy, the Conde de Galve, has sent 
for the settlement of this said kingdom of New Mexico, 
and they having arrived on the twenty-third of June of 
the past year one thousand six hundred and ninety-four, 









THE SPANISH AECHIVES OF NEW MEXICO 255 

their number being in accordance with their list and 
muster roll, in order that they might be supported and 
lodged until the said kingdom was safe, and they came 
into this said city to the number of sixty-six and one-half 
families, and in order that they may be together without 
the intrusion of any others, in view of their union, and 
in order that they may be contented, they having come 
from one place and country to this said city, I placed 
them in the first grade, and I designate the said pueblo, 
its dwelling houses, its cleared agricultural lands, drains, 
irrigation ditches, and dam or dams which the said na- 
tive Indians had and did have for irrigation and the se- 
curity of raising their crops, and I also designate and 
grant, in the name of His Majesty, the dams which they 
may leave open and those which they may open, and the 
woods, pastures, and valleys which the said natives had 
and enjoyed, without prejudice to the farms and ranches 
which lie within its limits and district, and all that which 
it covers and may contain as far as the pueblos of Nambe, 
Pojoaque, Jacona, San Ildefonso, Santa Clara, and San 
Juan de los Caballeros, giving these as the boundaries 
of the tract which the said settlement shall enjoy, hold, 
and have, and which I make a seat and town, and also 
possession of the houses which may be given or assigned 
to them in person; and furthermore, the honorary title 
of 'Villa Nueva de Santa Cruz de Espanoles Mexicanos 
del Rey Nuestro Sefior Carlos Segundo,' which, in the 
name of His Majesty, I give to the said settlement, and I 
constitute and grade it as the first new settlement, and as 
such it shall enjoy priority of settlement, with the under- 
standing that that of this city of Santa Fe is the first, and 
in it only shall be held the election of the members of the 
illustrious council, but each shall have its civil author- 
ity, which shall be composed of an alcalde mayor and 
war captain and lieutenant, with the title of captain of 
militia, alferez, and sergeant, the said settlement being 
limited to four squad corporals and alguazil de guerra, 
who shall go out on scouting expeditions with the said 
captain of militia and other officers, alternating every 
month, and they shall have this style and form of gov- 
ernment because of being on the frontier, and in order 
that the said Spanish Mexicans may be informed of the 
grant of the said Villa Nueva made to them, I direct that 
the same shall be published in the said form, in order 



256 THE SPANISH AECHIVES OF NEW MEXICO 

that they may acknowledge in due form that I, the said 
governor and captain-general, have them in this said 
kingdom and that I have favored them in proportion to 
my respectful appreciation of the promise contained in 
the proclamation ordered to be published by his excel- 
lency the said viceroy, the Conde de Galve, as in it he 
promised them and directed that I should be ordered to 
give them lands on which to settle, and I give them all 
with appreciable improvements, since I have given them 
cleared and broken lands and of known fertility, with 
their drains and irrigating ditches and dams in good con- 
dition and with the irrigation secured, and also new 
houses, because the said pueblo is new, and they have 
nothing to do but to go and live in them and to make use 
of the lands which I will designate for them, granting 
ranches and farms to those who may prefer the same, in 
order to allow them more room and allow for other settlers 
who may come in, and which the King our master may be 
pleased to send, and also those which I, the said governor 
and captain-general, may deem it proper to send to settle 
there, and this will also be done with people who may vol- 
untarily ask for a grant, and who may be designated as 
settlers of the said town, in order that they may enjoy the 
privileges and rights of the same; and in order that it 
may so appear and that they may be ready to leave this 
city of Santa Fe I appoint Thursday, at ten o'clock in 
the morning, and I will then have in the plaza of this 
city the paekrnules which I now have, and I will also 
furnish some horses to mount, in part, those who may 
need them, and I will aid them in all things, assuring 
them that a ration of beef and corn shall not be wanting, 
as well as half a fanega of corn to each family for plant- 
ing which I promise to give them, and also implements, 
such as picks, shovels, hoes, and axes, until those ordered 
by his excellency the viceroy from the contractors shall 
arrive, and there shall also be forwarded to their alcalde 
mayor and war captain, who may be appointed, a supply 
of firearms, powder, and ball, in order that they may be 
provided with all that is necessary ; and in order that this 
said proclamation and that which is set forth in it may 
serve them as a foundation and sufficient title, I order 
that it be published in military style, with music by the 
band, and in the presence of the leaders and officers and 
my lieutenant-governor and captain-general, and also 




DON JUAN DE ACUNA, MARQUES DE CASA FUERTE 
Viceroy of Mexico, 1722-34 



THE SPANISH AECHIVES OF NEW MEXICO 257 

that part of the illustrious council which is in this city, 
and its notary, and of my civil and military secretary, 
and that it be published in the inner and the outer plazas ; 
and I signed it in this said city of Santa Pe on the nine- 
teenth day of the month of April, one thousand six hun- 
dred and ninety-five. 

" DIEGO DE VARGAS ZAPATA LUJAN PONZE DE LEON 

[rubric] 
' ' By order of the governor and captain-general : 

"ALPHONSSO RAEL DE AGUILAB [rubric] 
"Civil and Military Secretary 

1 1 In this city of Santa Fe, on the nineteenth day of the 
month of April of the year one thousand six hundred and 
ninety-five, I, Captain Alphonsso Hael de Aguilar, civil 
and military secretary, certify that on this day this said 
proclamation was published in the two public plazas of 
this city in the presence of a large concourse of people in 
the same and in a loud and intelligible voice by Sebastian 
Rodriguez, negro drummer, and in order that it may so 
appear I signed it. 

"ALPHONSSO RAEL DE AGUILAR [rubric] 

"Civil and Military Secretary." 



THE MEXICAN SETTLERS DESTINED FOR THE VILLA NUEVA DE 
SANTA CRUZ DEPART FROM SANTA FE 

' ' On the twenty-first day of the present month of April 
of the said year of one thousand six hundred and ninety- 
five, at the hour designated in the proclamation granting 
the title of Villa Nueva de Santa Cruz de los Espanoles 
Mexieanos del Rey Nuestro Senor Don Carlos Segundo, 
the sixty families now in this city of Santa Fe departed 
at nine o'clock in the morning to settle, as provided in the 
said proclamation, and, in order that it may so appear, I 
signed it with my civil and military secretary. 

" DIEGO DE VARGAS ZAPATA LUJAN PONZE DE LEON 

[rubric] 
"Before me: 

"ALPHONSSO RAEL DE AGUILAR [Rubric] 
* ' Civil and Military Secretary. ' ' 



ARRIVAL AT THE VILLA NUEVA DE SANTA CRUZ 

"On the twenty-second day of the month of April of 
the said date and year, I, the said governor and captain- 



258 THE SPANISH AECHIVES OF NEW MEXICO 

general, Don Diego de Vargas Zapata Lujan Ponze de 
Leon, of this Kingdom and Provinces of New Mexico, by 
His Majesty, arrived at this Villa de Santa Cruz de los 
Mexicanos Espanoles del Rey Nuestro Senor Don Carlos 
Segundo, so named and placed by me the said governor 
and captain-general, its site and settlement having been 
vacated by my order by the Thanos tribe, formerly of the 
pueblo of San Lazaro, and having given it the title and 
placed it under the protection of the Holy Cross, and 
they having already arrived with their alcalde mayor and 
war captain appointed, and the other officers named in 
the said proclamation, and with the title of Villa published 
in the same, and ordered to be published on the nineteenth 
day of the present month and year, and they being drawn 
up in line with their said captain and other officers desig- 
nated and appointed, and they were at the entrance of the 
plaza of the said Villa, and dismounting there near the 
chapel which served as a church for the natives of the said 
pueblo, and having ordered the settlers to form in a half 
circle at my side, the royal alferez being front with the 
royal standard with my lieutenant-governor and my civil 
and military secretary, I directed the said alcalde mayor 
and war captain, Major Antonio Jorge, his lieutenant and 
captain of militia, Sergeant Nicolas Ortiz, and his ensign, 
Joseph Valdez, and Sergeant Manuel Ballejo and Antonio 
Godinez, Alguacil de Guerra and the four squad corporals, 
Joseph del Balle, Sebastian de Salas, Miguel Fajardo, and 
Bustos, to step forward from the said line, all of whom 
were appointed as the government political and military 
the said Villa being on the frontier, by me, the said, gov- 
ernor and captain-general. 

POSSESSION GIVEN OP THE SAID VILLA AND OATH MADE 

"And I required and directed that they should make 
the usual oath accepting the said place and settlement, 
the Nueva Villa of their own nation, of the Mexicanos Es- 
panoles del Rey Nuestro Senor Don Carlos Segundo, and 
as loyal vassals to maintain and preserve it, even at the 
expense of their lives, to which they responded under said 
oath that they accepted the same and that they would 
obey and keep the same ; and I again made them the grant 
under the said acceptance and oath, revalidating to them 
their lands which belong to them and the boundaries set 
forth, and which limit the pueblos mentioned in the said 
proclamations of jurisdiction without prejudice to the 



THE SPANISH ARCHIVES OF NEW MEXICO 259 

boundaries of the lands which belong to each one; and 
also, in order to encourage them, I made them a grant of 
all the minerals which might be found in the Chimayo 
mountain range according as they might discover them 
and that I would carry out and observe the royal ord- 
inances of His Majesty, and that they be of good heart 
and keep up their courage and that on my part I would 
assist them ; and there being present the reverend father, 
Fray Francisco de Vargas, ecclesiastical judge in capite 
of this kingdom and its custodio in this custodia and 
concourse, and having in his company the reverend father 
preacher missionary, Fray Antonio Moreno, whom he had 
chosen as guardian and minister, I, the said governor and 
captain-general, said to the said settlers that he being the 
chaplain of His Majesty appointed and named him as their 
guardian and as such I gave him possession of the said 
chapel in order that until they rebuilt their church it 
might serve them as such, and thus I gave possession of 
the same to the said reverend father, leading him into the 
same by the hand, and he arranged the altar, going in and 
out; and for the greater formality and force of the said 
possession and oath made in regard to the said Villa, I 
left my said place with my said royal alferez and my 
lieutenant, directing my royal alferez to place himself in 
the centre of the plaza, together with my civil and mili- 
tary secretary, in order that he might proclaim that he 
defended and sustained the possession given by favor of 
His Majesty at the said granted place and tract with the 
limits and boundaries given and granted by me, the said 
governor and captain-general, in the said royal name, to 
the said settlers with the honorary title of Villa Nueva de 
los Espafioles Mexicanos del Bey Nuestro Sefior Don Car- 
los Segundo; that he came out to defend it as he would 
defend it with his life, and thus with his drawn sword 
in his hand he would sustain and did sustain it against 
all who might oppose it; and I, the said governor and 
captain-general, with all present, cried out all together, as 
loyal vassals of His Majesty, saying, 'Long live the King 
our Lord, whom may God preserve, the Sefior Don Carlos 
II, King of the Spaniards, and all of this New World 
and this new town of the Mexicans and Spaniards, and 
which in his royal name was founded with the title of 
Villa Nueva de los Mexicanos y Espafioles, and increased, 
founded, and settled in the interest of his Royal Crown, 



260 THE SPANISH ARCHIVES OF NEW MEXICO 

may he live for many years and reign over greater do- 
mains and monarchies ; ' and having repeated the said ac- 
clamation three times, throwing up our hats, three vol- 
leys were fired at the same time, in congratulation upon 
the installation of the said settlers with such honor and 
demonstrations of appreciation and jubilee; and they 
asked me as a favor that I would give them a certified 
copy and that I would order that they be given the same 
of the said possession as well as of the proclamation and 
the quality of the title specified in the same in order that 
they might hold the same as such for the said Villa ; and in 
order that it may so appear they signed it with me the 
aforesaid, together with my lieutenant-governor and cap- 
tain-general and my civil and military secretary. 
' ' DON DIEGO DE VARGAS ZAPATA Lu JAN PONZE DE LEON 

[rubric] 

"Luis GRANILLO [rubric] 
* * SERGEANT MANL. BALLEJO [rubric] 
"ANTONIO BALVERDE DE Cossio [rubric] 
' ' The Alferez Real : ANTONIO JORGE [rubric] 
"Before me: 

"ALPHONSO RAEL DE AGUILAR [rubric] 
"Civil and Military Secretary." 

THE GOVERNOR AND CAPTAIN-GENERAL LEAVES ORDERS 
WITH THE SAID LIEUTENANT-GENERAL TO PARTITION THE SEP- 
ARATE TRACTS BELONGING TO THE SAID SETTLEMENT. 

"In this city of Santa Fe, on the twenty-third day of 
the month of April of the year one thousand six hundred 
and ninety-five, I, the said governor and captain-general, 
my personal presence being necessary in the city of Santa 
Fe, and I having to go to the pueblos of San Cristoval 
and Nambe, I order and I leave orders with my lieutenant- 
governor and captain-general that the separate lands of 
the district and limits of the said Villa Nueva de Santa 
Cruz, the settlers having been assembled and it having 
been ascertained which of them have received and have 
been favored with grants of the tracts and ranches al- 
ready surveyed, to those to whom such grants have not 
been made the said separate lands shall be given, marking 
off for each settler and his family that which may be 
found to be sufficient for the planting of one-half a fanega 
of maize, and in it he may plant such other seed as he 
may have, and the said partition shall be made in such 
manner as to satisfy the said settlers, and of the lands 



THE SPANISH ARCHIVES OF NEW MEXICO 261 

that may be left over an account shall be made to me, and 
in order that the said order may appear in this said de- 
cree I made it a part of the proceedings, and I signed it, 
with my civil and military secretary. 
"DON DIEGO DE VARGAS ZAPATA LUJAN PONZE DE LEON 

[rubric] 
"Before me: 

"ALPHONSO RAEL DE AGUILAR [rubric] 
"Civil and Military Secretary" 

ARRIVAL OP THE SAID GOVERNOR AND CAPTAIN-GENERAL 
AT THE PUEBLO OF SAN CRISTOVAL, AND HE AGAIN REQUIRES 
THE NATIVE THANOS OP THE SAME TO PLANT THEIR CROPS 
AND TO CARRY THEIR HARVEST TO THE NEW PUEBLO WHICH 
THEY SHALL BUILD ON THE SAID TRACT OF CHIMAYO, IN 
ORDER THAT HE MAY SETTLE THE SAID PUEBLO WITH 
SPANIARDS IN THE MONTH OF OCTOBER. 

"And immediately thereafter, on the said day, month, 
and year of the date, I, the said governor and captain- 
general, having repeated to the said Spanish Mexicans of 
the said Villa Nueva de Santa Cruz the said order, I bade 
them good-bye and proceeded to the said pueblo of San 
Cristoval, in the plaza of which place all its people were 
assembled, together with those who had been settled at 
the said Villa Nueva, and I confirmed the grant which I 
had made to them in giving permission to pass this sum- 
mer on the same and to plant their crops on its lands, and 
required of them that the crops which God our Lord 
might be pleased to permit them to gather they should 
at once carry to the new pueblo, which during this sum- 
mer they would have to rebuild, since in the month of 
October they would have to occupy it, leaving that of San 
Cristoval vacant in order that I might settle it with 
Spaniards, as I had already informed them, and they re- 
plied that they would so do; and I having again con- 
firmed the grant made in their favor of the said tract of 
Chimayo, I bade them good-bye, leaving them happy ; and 
in order that it may appear of record I made it a part of 
the proceedings, and I signed it, with my civil and mili- 
tary secretary. 

"DON DIEGO DE VARGAS ZAPATA LUJAN PONZE DE LEON 

[rubric] 
"Before me: 

"ALPHONSSO RAEL DE AGUILAR [rubric] 
" Civil and Military Secretary" 



262 THE SPANISH ARCHIVES OF NEW MEXICO 

THE SAID GOVERNOR AND CAPTAIN-GENERAL PROCEEDS TO 
THE PUEBLO OF NAMBE, AND IN IT GIVES POSSESSION TO THE 
MINISTER MISSIONARY, WHO REMAINS THERE AS DOCTRIN- 
ARIAN. 

"On the said day, the twenty-third of April, of the 
said year, I, the said governor and captain-general, the 
very reverend father custodian, Fray Francisco de Var- 
gas, having appointed as minister doctrinarian to the 
mission of the Teguas of the pueblo of Nambe, proceeded 
with him to give him the possession, and, having entered 
the said pueblo, its people were assembled to receive me 
with all politeness, and they being in front of the prin- 
cipal site where they had the chapel and the house ad- 
joining the same for the said minister, I dismounted, and, 
through the interpreter, I told them that I had come to 
install the father who was to aid them and administer the 
holy sacraments, he being the reverend father preacher, 
Antonio de Acevedo, and in the said form I gave him 
possession of the said chapel and house, and in testimony 
of the same I directed that the doxology, etc., be prayed 
and sung three times, and I ordered the said Indians to 
aid him in all things and to fulfil their obligations as 
Christians and to fail in nothing; and in order that the 
said possession and the reply of the said natives that they 
would comply with and obey all that I had ordered 
might appear of record, I signed it with my civil and 
military secretary. 

"DON DIEGO DE VARGAS ZAPATA LUJAN PONZE DE LEON 

[rubric] 
"Before me: 

"ALPHONSSO RAEL DE AGUILAR [rubric] 
"Civil and Military Secretary" 

ARRIVAL OF THE FAMILIES WHICH BY ORDER OF HIS EX- 
CELLENCY THE CONDE DE GALVE WERE PROCURED AND OB- 
TAINED BY CAPTAIN JUAN PAEZ HURTADO, CHIEF COMMIS- 
SIONER, APPOINTED BY ME, THE SAID GOVERNOR AND CAPTAIN- 
GENERAL. 

"In this city of Santa Fe, the capital of this kingdom 
and provinces of New Mexico, on the ninth day of the 
month of May of the present year of one thousand six 
hundred and ninety-five, there arrived at this city of 
Santa Fe, capital which it is of this kingdom and prov- 
inces of New Mexico, the families which by order of his 
excellency the viceroy, the Conde de Galve, with the ap- 






THE SPANISH AECHIVES OF NEW MEXICO 263 



proval of the general committee of the ministers of the 
royal treasury and war, in March of the past year of 
one thousand six hundred and ninety-four, ordered me, 
the said governor and captain-general of this kingdom, to 
send a chief commissioner possessing my confidence, to be 
appointed by me, and Captain Juan Paez Hurtado possess- 
ing the same, I gave him the commission and appoint- 
ment in order that he might carry out the said orders of 
his excellency the said viceroy, and he proceeded to the 
kingdom of Galicia and the Real de Zacatecas and other 
places, and the families which he procured were forty- 
four, according to the list made of the same and which I, 
the said governor and captain-general, received in per- 
son, and in the presence of the said captain chief com- 
missioner I gave them lodgings in the said city in the 
houses which the settlers now at the Villa Nueva de Santa 
Cruz had occupied, and in order that the said arrival 
may appear of record I signed it, with the said captain 
chief commissioner and my civil and military secretary. 

"DON DIEGO DE VARGAS ZAPATA LUJAN PONZE DE LEON 

[rubric] 
"Before me: 

"ALPHONSSO RAEL DE AGUILAR [rubric] 
"Civil and Military Secretary" 

ACT OP TRANSMITTAL 

"In this said city of Santa Fe, on the said day of the 
date May nine and year one thousand six hundred and 
ninety-five, I, the said governor and captain-general, Don 
Diego de Vargas Zapata Lujan Ponze de Leon, having 
examined these proceedings, in order that his excellency 
the viceroy, Conde de Galve, which he is of all this king- 
dom of New Spain, may be informed of what has been 
done in this said kingdom in the royal service, in which I, 
the said governor and captain-general have devoted the 
care and attention necessary for his satisfaction, and in 
order to make transmittal of the same I directed my 
civil and military secretary to make a literal copy of the 
said proceedings, as well as of the letter of transmittal 
with this said decree, in order that being copied and 
compared in due form the same transmitted and forward- 
ed to his excellency the said viceroy, and more particularly 
because the courier despatched on the fourteenth of 
January of the present year has not returned and the 
cause of his delay is not known. And I signed it in this 



264 THE SPANISH AECHIVES OF NEW MEXICO 

said city of Santa Fe on the said day, month, and year, 
with my civil and military secretary. 

"DON DIEGO DE VARGAS ZAPATA LUJAN PONZE DE LEON 

[rubric] 
"Before me: 

"ALPHONSSO RAEL DE AGUILAR [rubric] 
"Civil and Military Secretary" 

"Most Excellent Sir: 

"Sir: Captain Juan Paez Hurtado, chief commis- 
sioner appointed by me to bring the families which by 
order of your excellency he procured and obtained in the 
city of Zacatecas, having arrived at this city of Santa Fe 
and having entered the plaza of the same to the number 
of forty-four families, which I received and inspected 
personally, I going to the said plaza for the purpose, and 
also to lodge them in the houses which were vacated by 
the sixty Mexican families which your excellency also 
sent for the settlement of this kingdom, and having suc- 
ceeded in all that which I might and could desire for 
the royal service of His Majesty in the Villa Nueva de 
Santa Cruz de los Vecinos Mexicanos del Rey Nuestro 
Sefior Don Carlos Segundo in a pueblo which the rebels 
of the Thanos tribe had newly founded on lands which 
had belonged to Spaniards, and by the means which I 
devised for the accomplishment of this difficult enterprise 
I succeeded, as will be shown by the orders and proceed- 
ings had of which I forward a certified copy to your ex- 
cellency and this, upon examination and consideration, 
will prove to your excellency that I have been successful, 
and that I have secured at a short distance another 
larger town of the said tribe which is vacant and free 
and I have secured it for the month of October, when, 
God willing, I will found and settle another town with 
these said families which we have received and lodged 
today in this city of Santa Fe, and I will see that both 
shall plant crops in order that they may be relieved from 
receiving rations as at present and living on the gener- 
osity and magnificence of your excellency, and it is very 
true that the transportation of maize to this city has 
caused me much trouble because of the distance of the 
kingdom of New Biscay and of there being no resources 
any nearer. 

"I am anxious and troubled because the courier 
whom I despatched on the fourteenth of January of the 



THE SPANISH AECHIVES OF NEW MEXICO 265 

present year to your excellency has not returned, and 
this also induces me to send this despatch, in order that 
I may ascertain the reason of his delay or know whether 
he has been robbed or murdered ; and I beg that your ex- 
cellency will send me duplicates of the orders and des- 
patches which your excellency may have been pleased to 
forward to me by the said courier in order that I may 
on my part duly execute the same; and I also hope that 
your excellency has received the order that with the same 
your excellency may decide upon the reply to my letters 
of consultation forwarded by your excellency to the su- 
preme and royal council of the Indies, as in this expec- 
tation I have delayed the said settlers in order that 
through its means they may be assured of their establish- 
ment; and two missions have also been established, 
Nambe and the said Villa Nueva, the doctrinal father serv- 
ing the united pueblo of the said Thanos. 

"While I was absent from this city there arrived a 
band of Apaches from the east, who are called Chiyenes, 
and they told in the town at which they arrived which is 
of the Picuries tribe, how some men, white and light- 
haired, had destroyed a very large tribe of the Apaches 
Conejeros, living much further inland than their own. 
The Chiyenes then returned whence they came. This 
was told to me by the alcalde mayor and the father min- 
ister, who came to see me, and I having asked the alcalde 
mayor why he had not detained them, he replied that the 
leader of the band had said that he would return with 
all his people in September, and if God will permit me to 
live until his return I will hear what he has to say and 
judge of it accordingly, and I did not wish to omit to 
give your excellency this information, together with the 
above, as I desire to serve your excellency in all things; 
and may God preserve your excellency for many happy 
years. Done in Santa Fe, on the ninth day of the month 
of May, one thousand six hundred and ninety-five. 
"Most excellent sir, etc., 

"DON DIEGO DE VARGAS ZAPATA LUJAN PONZE DE LEON" 

[rubric] 

883 DON FERNANDEZ DE TAOS. 1796. 

Possession. Reported Claim No. 125. 

884 JUAN JOSE SILVIA. La Cienega. No date. 

Complaint that he is forbidden to graze his stock on the 
common lands. No action taken. 



266 THE SPANISH ARCHIVES OF NEW MEXICO 

885 MATIAS SENA. Santa Fe, 1799. 

Will. Fernando Chacon, Governor. 

886 LUIS MAESE to Augustin Sais. Santa Fe, 1799. 

Land. Antonio de Aguilera Isasi, Alcalde. 

887 SAN JOSE DEL BADO DEL EIO DE PECOS. 1803. 

Partition of lands to settlers. Names given in this ar- 
chive. Fernando Chacon, Governor. Pedro Bautista 
Pino, Alcalde. 

888 MARIANO CASTELO to Juan Segura. Santa Fe, 
1812. 

Land in the Canada del Tio Leonardo. Jose Miguel 
Tafoya, Alcalde. 

889 MARIA POLONIA SILVIA. La Cienega, 1815. 

Complaint that her husband sold her land without her 
consent. Juan Estevan Pino, Alcalde. Alberto Maynez, 
Governor. 

890 TOWN OF SOCORRO 

Grant. 1817. Reported Claim No. 107, q. v. 

891 JUAN RAFAEL ORTIZ. 

Report of Committee of the Ayuntamiento against donat- 
ing certain lands. Santa Fe, 1831. Ribera, Talomo, sin- 
dico. Armijo. 

892 MATIAS SANDOVAL. Santa Fe, 1822. 

Grant of lands in Galisteo by the Ayuntamiento of Santa 
Fe. Pedro Armendaris, Jose Maria Baca, Secretary. 

893 RAFAEL SENA. 1822. 

Grant. Same as No. 892. 

894 FELIPE SANDOVAL. 1822. 

Grant; same as 892-893. 

The petition in the Town of Galisteo Grant was made in 
February, 1814, by Felipe Sandoval; Jose Luis Lobato; 
Julian Lucero; Matias Sandoval; Pedro Sandoval; Jos6 
Antonio Alarid, Diego Pineda, and was addressed to Gov- 
ernor Maynes, who granted them a piece of land at the 
old abandoned Indian pueblo of Galisteo, reserving to 
the people of Santa Fe and vicinity, the privilege of 









THE SPANISH AECHIVES OF NEW MEXICO 267 

pasturing live stock. Maynes was not governor at the 
time this petition states. Don Jose Manrique was gov- 
ernor from 1808 to 1815, and Alberto Maynes in 1815, 
1816, and 1817. From the papers on file in this case, in 
the surveyor-general's office, Donaciano Vigil says that 
he never held any office under the Spanish government, 
but under the Mexican government he was continually in 
office from the year 1824 until the American government 
took possession in 1846, at which time he was a captain 
of the line and secretary of the militia commandancy, 
which latter position he had held ever since the year 1824. 
That he acted as civil governor of New Mexico from Jan- 
uary, 1847, until the first of March, 1851. 

895 JOSE MANUEL SANCHES, Basque, 1823, vs. An- 
tonio Martin. 

Question of lands. 

896 CABO JOSfi SALAICE, CABO FEANCISCO GAB- 
CIA, CAEABINERO JOSS BACA, SOLD ADO JOS 
SALAICE, SOLD ADO FELIZ GAECIA, SOLDADO 
ANTONIO JOSES EIVEEA. 

Petition; 1823, asking the Jefe Politico for the sobrante 
of the league between the pueblos of Santo Domingo and 
San Felipe. Bartolome Baca, Jefe Politico. Referred 
to the Provincial Deputation. 

897 MIGUEL and FELIPE SENA. Santa Fe, 1824. 

Petition for lands on the Pecos. No action taken. 

898 JOSE EAFAEL SAMOEA and 25 others for lands on 
the Pecos. 1824. 

Reported Claim No. 108, q. v. 

899 MANUEL ANTONIO EIBEEA. For himself and 
Others. 1822. 

Petition for lands adjoining San Miguel del Bado. Re- 
ported Claim No. 29. Anton Chico Grant. Facundo Mel- 
gares, Governor. San Miguel del Bado, 1824. 

On the 24th day of January, 1822, Don Salvador Tapia, 
for himself and sixteen others, filed a petition with the 
1 'Tribunal of Independence" presumably the ayunta- 
miento of San Miguel del Bado for the tract of land 
on the Pecos river, known as Anton Chico. The presi- 



268 THE SPANISH AECHIVES OF NEW MEXICO 

dent of the ayuntamiento referred the petition to the 
then governor, Facundo Melgares, who on the 13th of 
February of the same year, sent the petition back to the 
ayuntamiento with instructions to make application to 
the Provincial Deputation. On November 9th of that 
year this was done. Nothing seems to have been done 
after that until May 2, 1822, when Melgares is supposed 
to have granted the land to Manuel Rivera and thirty-six 
men, and directed Manuel Baca, the constitutional justice 
of El Bado, to place the parties in possession, which was 
done on May 2d of the same year. 

There is another document in this grant, of date March 
3, 1834, which purports to be a distribution of lands at 
Anton Chico by Don Juan Martin, under verbal authority 
from the constitutional justice of El Bado, Don Juan 
Jose Cabeza de Baca. The Manuel Baca, above referred 
to, was a second cousin of Don Luis Maria Cabeza de 
Baca. This document states that the original settlers 
were driven off by Indians. 

The original petitioners and settlers were: Salvador 
Tapia, Francisco Baca, Rafael Duran, Juan Sebastian 
Duran, Diego Antonio Tapia, Bernardo Ullibarri, Felipe 
Valencia, Luis Gonzales, Juan Cristobal Garcia, Tomas 
Martin, Juan Jose Martin, Miguel Martin, Jose Medina, 
Simon Estrada, Lorenzo Tapia, Mariano Aragon, and Jose 
Duran. 

The name Anton Chico was a slang term, the place be- 
ing properly known as ' ' Sangre de Cristo. ' ' 

When possession was given it was done in the presence 
of ''thirty-six" settlers and that of two "aldermen;" Don 
Ventura Trujillo, second alderman, and Don Miguel Sisner- 
os, third alderman. The conditions were, among others, 
that the place selected should be common, not only for 
themselves, but for others who in the future should re- 
move there ; and also that the settlers should be equipped 
"with fire-arms and arrows, and they shall pass muster 
upon entering upon the land and whenever the justice 
sent to them shall deem proper." They cried "long life 
to the independence" and took possession of lands bound- 
ed as follows: On the north, the boundary of Don An- 
tonio Ortiz ; on the south the ridge of the Piedra Pintada 
and the little table-land of Guadalupe; on the east, the 
Sabino Spring, with the Alto de Los Esteros, where the 
river forms a canon below, where the men were killed, 






THE SPANISH AECHIVES OF NEW MEXICO 269 

and on the west, the Cuesta and the Little Bernal Hill; 
which is the boundary of El Bado. 

In 1834 the place was known as * ' The Avocation of Our 
Lord and Sangre de Cristo." 

It was near this place that the Texas- Santa Fe expedi- 
tion under McLeod came in 1841 ; at that time Anton 
Chico had a population of 600. 

Don Juan Bautista Vigil y Alarid, testifying in 1859, 
says that Colonel Viscarra proclaimed the independence 
of Mexico in New Mexico ; that the Spanish governor, Mel- 
gares, was relieved by Colonel Vizcarra, who was appointed 
upon the petition of the citizens of New Mexico who re- 
quested the removal of Melgares and that after the decla- 
ration of independence, under the Plan of Iguala, all of 
the old authorities were relieved by the new officers. 

Governor Melgares was superseded by Colonel Vizcarra 
on the 21st day of December, 1822. 

Don Donaciano Vigil, appointed secretary by General 
Kearny in 1846, afterward governor of New Mexico, de- 
clares in his testimony before the surveyor-general, in 
1859, that up to the 22d of December, 1822, the inde- 
pendence of Mexico was not known in New Mexico and 
the same order of things existed and all the authorities 
exercised their functions under the Spanish government; 
after the declaration had been promulgated by the gen- 
eral government the latter approved all of the public acts 
performed by the officers of the country from the date 
of the declaration to the time it was published in New 
Mexico; in other words, these acts were " canonized "; 
they were not approved by statute but they were not dis- 
approved. However, the people of new Mexico consid- 
ered themselves as separated from the Spanish crown 
from the date of the declaration, September 27, 1821. 

JUAN ESTEVAN PINO : Eeport of Diego Casilla, Al- 
calde Constitutional de la Jurisdicion del Bado in the 
matter of the giving possession of lands to said Pino in 
said place and the damage that would result therefrom, 
etc. Bartolome Baca, Governor. 

This item is of interest in connection with the Anton 

Chico and the Las Vegas grants, q. v. 

900 URSULA CHAVES of Los Padillas, in the name of 
her husband, Antonio Sandoval. 1824. 



270 THE SPANISH ARCHIVES OF NEW MEXICO 

In the matter of a petition for lands, made by her said 
husband, situate at Agua Negra. Referred by the Ter- 
ritorial Deputation to the Jefe Superior Politico in 1824. 
No final action. Juan Bautista Vigil, Secretary. 

In 1845, the Mexican government granted to Antonio 
Sandoval, what is known as the Sandoval or Nolan Grant 
in Valencia county. Sandoval conveyed his title to Ger- 
vacio Nolan. The latter died in 1858 and his heirs sold 
the entire grant to Joel P. Whitney, who afterwards con- 
veyed a half interest to F. H. Story. The surveyor-gen- 
eral of New Mexico found this to be a perfect grant and 
afterwards, the supreme court of New Mexico, in a suit 
brought on a homesteader 's claim, decided that the action 
of the surveyor-general as to the validity or invalidity of 
grants was beyond the power of the supreme court to 
change and the legal effect of the action of the surveyor- 
general in declaring the title valid was to "segregate 
from the public domain all the lands covered by the grant 
as reported on by him and to except and reserve them 
from the operation of the homestead and other general 
laws of the United States providing for the disposal of 
the public domain." 

901 PEDEO ALCANTAE VIGIL, of Santa Cruz, and 19 
Others. 1845. 

Petition for lands on the Sapello and Manuelitas. Acted 
upon by the Territorial Assembly and favorably recom- 
mended, but there is no record of possession having been 
given. Reported Claim No. 9 John Scolly, q. v. The 
names of the petitioners are found in this item. 

902 DOLOEES JALONA to Juan Damasio Salazar. San- 
ta Fe, 1834. 

903 ANTONIO SENA to George Pratt and William Hague. 
Santa Fe, 1831. 

Lease of land. Pablo Montoya, Alcalde. 

904 ALEJANDEO SANTIESTEVAN vs. PABLO MON- 
TOYA. Pena Blanca, 1832. 

Trespass; damage to crops. Juan Garcia, Alcalde; Jose 
Miguel Baca, Alcalde; Fernando Aragon, Alcalde. 

905 MANUEL SENA vs. MIGUEL and FELIPE SENA, 
his sons. 



THE SPANISH AECHIVES OF NEW MEXICO 271 

In the matter of the sale of a house to the defendants by 
their mother, Maria de Jesus Campos, without the con- 
sent of the plaintiff, her husband. Santa Fe, 1832. Juan 
Garcia, Alcalde. Francisco Rascon, Alcalde. 

On the next to the last page there is a reference to a 
house on "La calle publica q va para el barrio del Tor- 
reon. ' ' This is the only reference to such a place found 
in the archives. Possibly it may refer to the locality in 
the neighborhood of the chapel of Rosario, as mention is 
made in several archives of a "Torreon" which stood upon 
lands in this locality belonging to Lucero de Godoy. 

906 MAEIA DE JESUS CAMPOS to Miguel and Felipe 
Sena. Santa Fe, 1832. 

House and lot in said city. Juan Garcia, Alcalde. No. 
905, q. v. 

907 MANUEL SENA. Santa Fe. 

In the matter of the sale of a house without his consent ; 
sale by his wife. Abreu, Jefe Politico. Juan Garcia, Al- 
calde. Nos. 905 and 906, q. v. 

908 MAEIA GUADALUPE SANCHEZ. 

Will. Santa Fe. 1832 or 1833. Jose Maria Baca y Ter- 
ras, Alcalde. 

909 MIGUEL SENA vs. JUAN ESTEVAN PINO. Santa 
Fe. 1835. 

Complaint in regard to a reservoir or pond. Albino Pe- 
rez, Governor. Francisco Trujillo, Alcalde. 

910 EAFAEL SENA of Alburquerque vs. FEANCISCO 
BACA, zNavajo. 1835. 

Complains that defendant, of whom he and the other set- 
tlers of the Cebolleta bought a piece of land at Cubero, 
claims a part of the crops raised on the same. Referred 
to the Alcalde of Laguna. Albino Perez, Governor. 

Petition of August 27, 1835, by Rafael Sanchez to the 
jefe politico. The petitioner states that in connection 
with all the other settlers of Cebolleta he had bought a 
tract of land of Francisco Baca, a Navajo Indian, at the 
place called Cubero, near the pueblo of Laguna; that 
possession of said tract had been given to the purchasers 
by the ex-alcalde, Don Juan Chaves, and the document 
evidencing that fact was in the hands of the then alcalde ; 



272 THE SPANISH AECHIVES OF NEW MEXICO 

that this officer wanted to take from the petitioner one- 
third of the crop which he had raised that year, on the 
particular portion of the tract which had been assigned 
to him, in order to give it to the Indians (of Laguna?) 
who claimed a right to the lands. 

In view of the foregoing, the petitioner asks the pro- 
tection of the jefe politico against the arbitrary action 
of the alcalde, and in a postscript he adds that the par- 
ties interested in the tract had ceded a piece of land to 
the said Indians, which the latter ignored and left un- 
cultivated. 

On September 9, 1835, the jefe politico, Don Albino 
Perez, ordered the alcalde of Laguna to report in detail 
on the matters contained in the petition. There are no 
further proceedings. 

911 EAFAELA SANCHEZ vs. Juan Bautista Vigil. Santa 
Fe. 1839. 

Question of a corral in said city. Manuel Armijo, Gov- 
ernor. 

912 MANUEL SANCHEZ. Intestate. Santa Fe. 1839. 

Inventory of his estate. Gaspar Ortiz, Alcalde. Gaspar 
Ortiz Grant, Reported No. 31. 

This grant is entirely within the limits of the grant to 
the pueblo of Nambe and its eastern boundary is the 
western boundary of the grant to the puebla of Pojoaque. 
It was confirmed by Congress June 21, 1860, but has not 
been patented. 

913 PABLO OETIZ Y MIEEA to Jose Anastacio Sando- 
bal. Santa Fe. 1838. 

House and lot in said city. Felipe Sena, Alcalde. Anas- 
tacio Sandoval to Ayuntamiento of Santa Fe. 1842. Do- 
nation of the above house and lot. Antonio Sena, Regi- 
dor. 

914 JUAN JOSE SAEEACINO. Santa Fe. 

Petition for land on the Pecos. No date. No action. 

915 FEANCISCO SANDOBAL. Santa Getrudis de lo de 
Mora. 1844. 

Re-validation of sale of land made to Francisco Sandobal 
by Juan Antonio Garcia. Tomas Ortiz, Juez de Primera 
Imtancia. 



THE SPANISH AECHIVES OF NEW MEXICO 273 

916 DIEGO SANDOBAL. Santa Getrudis de lo de Mora. 
1844. 

Grant. Land on the Mora river. Tomas Ortiz, Juez de 
Primera Instancia. 

917 AGAPITO SANDOVAL. Voile de Santa Getrudis de 
lo de Mora. 1844. 

Land on the Mora river. Tomas Ortiz, Juez de Primera 
Instancia. The name of Francisco Sandoval is mentioned 
in the first part of this grant, but it appears that it must 
be a mistake as Francisco had land there by purchase 
from Juan Antonio Garcia. No. 915, q. v. 

918 FOEEIGNEES as SETTLEES on public lands on the 
Sapello. 1845. 

Decision of the Departmental Assembly adverse on the 
ground that they are frontier lands. 

Bernardo V. Franco, Secretario de Gobiemo. In this 
archive are a number of signatures of members of the 
Assembly. 

The national colonization law of January 4, 1823, by 
its first article, recites that the Mexican government 
"will protect the liberty, property, and civil rights of 
all foreigners who profess the Roman Catholic apostolic 
religion, the established religion of the empire." 

Pursuant to Article 27, "all foreigners who come to 
establish themselves in the empire shall be considered as 
naturalized, should they exercise any useful profession 
or industry, by which, at the end of three years, they 
have a capital to support themselves with decency, and 
are married. Those who, with the foregoing qualifications, 
marry Mexicans will acquire particular merit for obtain- 
ing letters of citizenship." 

By Article 31 it was provided that "all foreigners who 
may have established themselves in any of the provinces 
of the empire, under a permission of the former govern- 
ment, will remain on the lands which they may have oc- 
cupied, being governed by the tenor of the law in the dis- 
tribution of said lands." 

By virtue of a decree of the Sovereign General Constitu- 
ent Congress, August 18, 1824, "those territories com- 
prised within twenty leagues of the boundaries of any 
foreign nation, or within ten leagues of the seacoast, can 



274 THE SPANISH AECHIVES OF NEW MEXICO 

not be colonized without the previous approval of the 
supreme general executive power." 

In 1828, it was decreed that "The governors Jefes 
Politicos of the territories are authorized in compliance 
with the law of the General Congress of the 18th of Au- 
gust, 1822, and under the conditions hereafter specified 
to grant vacant lands in their respective territories to 
such contractors (empresarios) , families, or private per- 
sons, whether Mexicans or foreigners, who may ask for 
them, for the purpose of cultivating and inhabiting 
them." 

In 1824, March 16th, the following edict was issued : 

"Antonio Lopez de Santa Anna, general of division, 
benemerito of the country, and provisional president of 
the Mexican Republic, to all the inhabitants thereof: 

"KNOW YE : that after a mature and most cautious 
examination into the benefits which will result to the 
Republic from permitting foreigners to acquire property; 
having heard the opinion of the council of representa- 
tives, which with the greatest exactitude examined this 
subject ; the reports of several Juntas of the departments, 
many well informed persons, and the pro and contra sup- 
ported in print; having seen the various projects for a 
law which to this effect have been offered ; being also con- 
vinced that a frank policy and a well-understood interest 
demand that there should be no longer delayed a con- 
cession which may tend to the advancement of the pub- 
lic, by the increase of population, the extension and di- 
vision of property, which consequently makes the national 
wealth the greater; having also in consideration that by 
these means the safety of the nation may be more and more 
secured, since foreign proprietors will be so many more 
defenders of the national rights, at the same time that 
they are interested in the common property; considering 
also the impulse which will be given to agriculture, in- 
dustry, and commerce, which are the sources of public 
wealth; and finally, that the opinion generally expressed 
is in favor of the said concessions, I have thought proper 
exercising the powers conceded in me by the seventh of 
the bases accorded in Tacubaya, and attested by the rep- 
resentatives of the departments, to decree as follows : 

"Art. 1. Foreigners not citizens residing in the repub- 
lic may acquire and hold town and country property, by 
purchase, adjudication, denouncement, or any other title 
established by the laws. 






THE SPANISH ARCHIVES OF NEW MEXICO 275 

"Art. 2. They may also acquire ownership in mines of 
gold, silver, copper, quicksilver, iron, and coal, of which 
they may be the discoverers, in conformity with the ord- 
inance of the branch. 

'"Art. 3. Each individual foreigner cannot acquire 
more than two country estates in the same department, 
without a license from the supreme government, and only 
under the boundaries which they now have, each inde- 
pendent of the other. 

"Art. 9. These arrangements do not include the de- 
partments on the frontier and bordering upon other na- 
tions, in regard to which special laws of colonization will 
be enacted, without the power to foreigners to ever ac- 
quire property in them, without the express license of the 
Supreme Government of the Republic. 

"Art. 10. In the departments which are not on the 
frontier, and which may have coasts, only at five leagues 
distance from the coasts can foreigners acquire country 
property. 

"Art. 11. In order that foreigners who may have ac- 
quired property in the republic may be citizens thereof, it 
is sufficient that they prove before the political authority 
of the place of their residence that they are proprietors, 
that they have resided two years in the republic, and that 
they have conducted themselves well. The expedients 
drawn up in this manner will be sent to the proper de- 
partment, by which the certificate of citizenship will be 
issued. 

"Art. 12. Foreigners cannot acquire royal or public 
lands in all the departments of the republic, without con- 
tracting for them with the government which possesses 
this right as representing the domain of the Mexican na- 
tion. 

* ' Wherefore I order that it be printed, published, circu- 
lated, and carried into full effect. 

"Palace of the National Government, Mexico, llth 
March, 1842. ANTONIO LOPEZ DE SANTA ANNA 

"JosE MARIA DE BOCANEGBA, 

"Minister of Foreign Affairs and Government" 

919 AYUNTAMIENTO DE SANTA FE. 1845. 

Petition to the Governor for a piece of land in front of the 
Palace Garden. Refused. Jose Francisco Baca y Terrus, 
Alcalde. Francisco Ortiz y Delgado, Alcalde. 



276 THE SPANISH AECHIVES OF NEW MEXICO 

920 FOEEIGNEES as Settlers on public lands on the fron- 
tier. 1845. 

Decision of the Departmental Assembly in regard thereto. 
No. 918, q. v. J. Manuel Gallegos; Tomas Ortiz. 

921 JOHN SCOLLY. Santa Fe. 1845. 

Petition. Asking reconsideration of his petition for lands 
by the Departmental Assembly. No. 918-920, q. v. Chaves, 
Governor. 

On the 27th of March, 1843, John Scolly, Gregorio Tru- 
jillo, Santiago Giddings, Agustin Dnran, Guillermo Smith, 
Gabriel Allen, George H. Estes, Mateo Sandoval, Ygnacio 
Ortiz, Vincente Lopez, and Francisco Romero petitioned 
Governor Manuel Armijo for ten square leagues of land, 
situate at the junction of the Sapello and Mora rivers, in 
what is now Mora county, New Mexico; at the time, this 
land was in the partido or county of Taos ; two days later 
Armijo granted the petition and the justice of the peace 
of Mora and Las Vegas was directed to put them in pos- 
session. On December 4, 1844, Scolly, Trujillo, Giddings, 
Duran, Smith, and Romero petitioned Governor Martinez, 
who had succeeded Armijo, for a confirmation of the grant 
which had been made by the latter, or that a new grant 
be made to them, as the time specified for cultivation of 
the lands in the former grant had expired. This had oc- 
curred on account of the invasion by the Texans, as well 
as on account of an order made by Martinez suspending 
all of the grants of a similar kind made by Armijo to 
other individuals. Martinez referred the petition to the 
prefect of the Santa Fe district, and on the 18th of De- 
cember, the prefect, Don Antonio Sena, recommended 
that the grant be validated. 

Nothing was done until the spring of 1846, when Ar- 
mijo was again governor, when the same persons, with 
the exception of Ygnacio Ortiz, again petitioned for the 
land. By direction of Armijo the persons were directed 
to be put in possession of as much land as they could culti- 
vate, with other provisos. On May 13, 1846, the justice 
of the peace of Las Vegas, by order of Governor Armijo, 
put the persons named in possession of five square leagues, 
made a certificate of his doings and filed the same, to- 
gether with a map, with the governor. 

Ten square leagues were asked for and five square 
leagues were given. The words "cinco leguas cuadra- 
das" and "cinco leguas encuadro," according to the 



THE SPANISH ARCHIVES OF NEW MEXICO 277 

testimony of witnesses, were held to be synonymous terms. 

In the month of November, 1843, Scolly had already 
begun the cultivation of the land, according to Judge 
Joab Houghton. James Bone had a house and cultivated 
land near what was known as Barclay's Fort, which was 
situate near the junction of the Mora and Sapello rivers, 
which was known as Junta de los Rios. Barclay, whose 
name was Alexander, built his fort in 1849. This fort 
was still standing in the seventies. 

The site of Fort Union was taken possession of in 1851 
and was leased by the government from the grantees 
named in the petition. 

Scolly, Giddings, and Smith were foreign born but nat- 
uralized Mexican citizens. 

Don Donaciano Vigil stated, in 1857, before the sur- 
veyor-general, Pelham, that the custom under the Spanish 
and Mexican laws of measuring lands was to select a 
common center, from which the measurement was made 
in each direction, equally to the north, south, east, and 
west; that dnco leguas cuadradas would be two and one- 
half leagues measured in each direction from a common 
center. 

Domingo Fernandez, in this case, testified that he was 
seventy-four years of age, by the grace of God ; had been 
a justice of the peace under the Spanish and Mexican 
governments, a member of the cabildo of Santa Fe under 
the Mexican government, circuit attorney and keeper of 
the archives under the government of the United States. 

Donaciano Vigil held the office of recorder of land 
titles under General Kearny's appointment, as well as 
secretary of New Mexico. General Kearny gave instruc- 
tions for the recording of these land titles in a book pro- 
vided for that purpose. 

In measuring the lands of the Pueblo Indians, Domingo 
Fernandez declared that "in the center of the cemetery 
of every pueblo there is a cross from which the measure- 
ments were made in each direction, as the document called 
for." 

John Scolly brought the first modern plows to New 
Mexico. In his petition, filed with Governor Armijo, he 
says: "We ordered from the United States plows of a 
new invention, and other necessary farming implements, 
which are now on the road and costing a considerable 
amount for their purchase and transportation; and dur- 



278 THE SPANISH AKCHIVES OF NEW MEXICO 

ing the next year we expect merinos and cows to improve 
the breed." 

922 FELIX MAES to Felipe Sandoval. Santa Fe. 1845. 

House and lot. Juan Armijo, witness. Tomas Rivera, 
witness. 

923 JUAN SAENZ and others. 

Grant. Town of Chaperito. File No. 7, q. v. 

924 AGUSTIN ZAES to Mateo Trujillo. Santa Fe. 1700. 

Land in the city. Testimonio. Certified by Antonio de 
Aguilera Isasi, Alcalde. 

925 OKIGINAL of 924. 

Antonio de Aguilera Isasi, Alcalde. 

926 DIEGO TRUXILLO. Grant. 1701. 

Land on the Chama. Don Pedro Rodriguez Cubero, Gov- 
ernor and Captain-General. 

Catalina Griego, widow of Diego Truxillo, and Antonio 
Truxillo, their son. Petition for re-validation of this grant 
to Salvador Santiestevan and Nicolas de Valverde, their 
near relations. 1714. 

Salvador Santiestevan and Nicolas Valverde. Re-valida- 
tion. Juan Ignacio Flores Mogollon, Governor. 

Possession given by Sebastian Martin, Alcalde. 

Bartolome Lovato. 1714. Possession given in the same 
place to said Lovato by the same alcalde by order of the 
same governor. The grants do not conflict. The land is 
situate near the mouth of the Chama river. 

927 SEBASTIAN DE SALAS to Juan Trujillo. 1701. Santa 
Fe. 

Land. Pojoaque. Joseph Rodriguez, Alcalde. 

928 SEBASTIAN CANSECO to Juan Trugillo. 1702. 

Land in Pojoaque called San Isidro. Joseph Rodriguez, 
Alcalde. 

929 DIEGO TEUXILLO, for his wife, Catalina Griego, and 
her sisters, Juana and Maria Griego, vs. Diego Arias 
de Quiros. 

Relative to a tract of land in Santa Fe. 1703. Testi- 
monio of the proceedings, certified to by Alphonso Rael 
de Aguilar, Secretary of Government and War. 
He also signed himself "Alonzo." 



THE SPANISH AECHIVES OF NEW MEXICO 279 

930 MATEO TEUXILLO. Santa Fe. 1703. 

Protest against grant of a piece of land in Santa Fe to 
Joseph Lopez. El Marques de la Nava Brazinas, Gov- 
ernor and Captain-General. 

931 JOSEPH DE QUIEOS to Miguel Thenorio de Alva. 
Santa Fe. 1703. 

Part of a grant made to him by Governor Pedro Rodriguez 
Cubero in Pojoaque. Antonio Montoya, Alcalde. 

932 ANTONIO GODINES to Pascual Trujillo. Santa Fe. 
1705. 

A rancho in the Canada. Juan de Ulibarri, Alcalde. 

933 LAZAEO DE COEDOBA to Jose Truxillo. Villa de 
Santa Cruz. 1712. 

Una carta dote y todo el poder y senoria que tiene en el 
pedaso de tierra que en dicha carta dote le adjudicaron. 

934 JUAN DE BIOS SANDOBAL MAETINEZ to Mateo 
Truxillo. Villa Nueva de Santa Cruz. 1713. 

House and lands. Juan Garcia de la Rivas, Alcalde. 

935 BALTAZAE EOMEEO, of Alburquerque, to Nicolas 
de Torres. 1715. 

House, lot, and lands. Diego Arias de Quiros, Alcalde. 

936 FELIPE DE TAMAEIS. Grant. Santa Fe. 1716. 

Land in Santa Fe. Re-validation of a grant made by the 
Marques de la Nava Brazinas. Phelix Martinez, Gov- 
ernor. Possession given by Francisco Lorenzo Cassados. 

937 DIEGO ZAINO to Miguel Thenorio de Alva. Santa 
Cruz de la Canada. 1712. 

Small tract of land. Francisco Montes Vigil; Juan de 
Dios Lucero de Godoy; Alphonsso Rael de Aguilar, Al- 
calde. 

938 XPTOBAL TAFOLLA. Villa Nueva de Santa Cruz. 
1718. 

Will. Bohorques y Corcuera, Alcalde. 

939 JOSEPH EODEIGUEZ and Maria Lopez Conejo, his 
wife, to Antonio de Tafolla. Santa Fe. 

House and lot. 1718. Bohorques y Corcuera, Alcalde. 



280 THE SPANISH AKCHIVES OF NEW MEXICO 

940 EAMON DE MEDINA to Juan Truxillo. Santa Fe. 
1719. 

House and land. Bohorques y Corcuera, Alcalde. 

941 XPTOBAL DE TAFOLLA ALTAMIEANO. 

Grant. Valle de Taos. 1722. Juan Domingo de Busta- 
mante, Governor. No possession given. 

942 JUAN and ANTONIO TAFOLLA. 

Grant. Canada de Santa Clara. 1724. Juan Domingo 
de Bustamante, Governor. Xptobal Torres, Alcalde. Santa 
Clara Grant, q. v. 

Petition by Juan and Antonio Tafoya for lands in the 
Canada of Santa Clara, west of the lands belonging to 
the Indians of the pueblo of that name. 

The boundaries asked for in the petition were on the 
east of whatever belonged to the Indians of the pueblo, on 
the west as far as the high mountain range, on the north 
a high, wooded, black hill which pointed toward the moun- 
tain, on the south a straight line from the little table-land 
of San Ildefonso. 

The grant asked for was made by Governor Juan Do- 
mingo de Bustamante on June 8, 1724, and the chief al- 
calde of Santa Cruz was ordered to place the parties in 
possession. 

On June 10, 1724, Cristobal Torres, chief alcalde and 
war-captain of Santa Cruz, proceeded to give possession 
of the tract granted, in the presence of the caciques, gov- 
ernor, and war-captains of the pueblo of Santa Clara. 

The Indians stated that if the Tafoyas were going to 
cultivate lands on the tract in question it would result in 
grave injury to the pueblo, as there was scarcely enough 
water in the stream which flowed through the canada to 
enable them to cultivate their fields, and consequently 
they would not consent to the giving of the possession to 
the Tafoyas until they had presented their objections to 
the Spanish governor. Thereupon, Cristobal Tafoya, who 
was present as the representative of the two grantees, his 
sons, stated that they did not want the tract for agricul- 
tural purposes, but only to build corrals and keep their 
cattle and horses there. To this the Indians agreed, and 
the possession was given with that understanding. 

943 XPTOBAL DE TOEEES. 

Grant on the Chama. 1724. Made by Juan Domingo de 



THE SPANISH AECHIVES OF NEW MEXICO 281 

Bustamante, Governor. Re-validated in 1726 by the same 
official. It appears that the grantee gave lands to the fol- 
lowing : 

Juana Lujan, Joseph Truxillo, Nicolas Jorge, Josepha 
de Madrid, widow of Cristoval Tafoya, el Moso, Antonio 
de Sandoval, Juan de Serna, Mateo Truxillo, and Fran- 
cisco Trujillo, upon condition that they would settle there 
within a certain time. The original grantee died, and, 
later on, the settlements not having been made, proceed- 
ings were begun to have the grant revoked, and this was 
done by the governor and captain-general, Gervasio Cru- 
zat y Gongora, in 1733, and the lands were published as 
"realengas." In this archive are: 
Xptobal Torres. 

Will. 1726. 
Angela de Leyba, widow of Xptobal Torres. 

Will. 1727. It appears that the revocation was made 
with notice to all of the parties interested. 

No. 950, q. v. 

There is a grant called Jose Trujillo, Reported No. 12, 
which was rejected by the court of private land claims. It 
conflicted with the pueblos of Santa Clara, Pojoaque, and 
San Ildefonso. 

XPTOBAL TOEEES vs. Heirs of Juan de Mestas. 
Question of boundaries. Villa Nueva de Santa Cruz. 1725. 

945 ANTONIO DE GIJOSA to Baltazar Trujillo. Villa de 
Santa Cruz. 

Reported Claim No. 109, Antonia Gijosa, q. v. 

946 ANTONIO DE ULIBAEEI to Maria de Tafolla. 1727. 
Santa Fe. 

House and lands. Diego Arias de Quiros, Alcalde. 

947 PHELIPE DE TAMAEIS to Lugarda Tafolla. Santa 
Fe. 1728. 

Lands. Diego Arias de Quiros, Alcalde. 

The parents of Felipe Tamaris were Francisco de Tam- 
aris and Ysabel Gutierrez. 

948 SALVADOE GONZALES to Manuel Thenorio de 
Alva, Santa Fe. 1729. 

Two pieces of land. Diego Arias de Quiros, Alcalde. 



282 THE SPANISH AECHIVES OF NEW MEXICO 

949 JUAN DE TAFOYA ALTAMIEANO and Antonio de 
Tafoya. 

In the matter of the use of the water of the Santa Clara 
river. 1734. Refused to them by Gervasio Cruzat y Gon- 
gora, Governor. 

Reported Claim of the pueblo of Santa Clara and No. 
942, q. v. 

Petition of Juan de Tafoya and Antonio de Tafoya, 
asking for the privilege of cultivating land in the Canada 
of Santa Clara. They state that they had been settled in 
the canada for ten years, but had not been permitted to 
cultivate lands there because of the objections made by 
the Indians of Santa Clara on account of the scarcity of 
water in the stream which comes down from the canada-, 
that there was a spring in the canada which they could 
use without interfering with the water of the river, and 
numerous pieces of land which produced crops without ir- 
rigation. They requested the governor to send some re- 
liable person to investigate the truth of their statements, 
and, in case the conditions should be as they alleged, they 
asked that they be allowed to cultivate the lands referred 
to. 

This petition was presented to Governor Cruzat y Gon- 
gora on March 4, 1734, and he immediately ordered the 
lieutenant-general Don Juan Paez Hurtado, to inspect 
the lands in question, and make report to him. 

This was done by Paez Hurtado on March 8, 1834, in the 
presence of the governor of the pueblo of Santa Clara, 
the interpreter, and five other principal men of the pu- 
eblo, and also the two Tafoyas, Juan and Antonio. 

Paez Hurtado stated that he went up the canada on one 
side of the river and came down on the other; that he 
found the spring of water on the south side, about 60 
paces from the river, that it discharged its waters into a 
marsh, and the latter into the river ; that he examined the 
pieces of land which the Tafoyas said could be cultivated 
without irrigation, and which they had been cultivating 
for ten years, and that they were under irrigation; that 
the governor of the pueblo said that it was all irrigated 
because there were some lateral ditches in the midst of the 
fields; that the Tafoyas said these ditches were to irrigate 
some of the more elevated parts of the lands, and this 
statement was corroborated by an Indian named Antonio, 
a native of Santa Clara. 



THE SPANISH AECHIVES OF NEW MEXICO 283 

The report of Paez Hurtado was transmitted to Gov- 
ernor Cruzat y Gongora on March 10, 1734, and on the 
13th of that month he decided that the prayer of the pe- 
titioners could not be granted. 

950 DIEGO DE TOEEES. Villa Nueva de Santa Cruz. 
1731. 

Petition in the matter of the settlement of the grant made 
to Xptobal de Torres on the Chama. Gervasio Cruzat y 
Gongora, Governor. No. 943, q. v. 

951 BALTAZAE EOMEEO to Baltazar Truxillo. 1732. 

Reported Claim No. 109, q. v. 

952 JUAN and ANTONIO TAFOYA. 

Petition. 1733. For lands in the Canada de Santa Clara. 
Refused. Gervasio Cruzat y Gongora, Governor. Nos. 
972 and 949, q. v. Also the Santa Clara Grant. 

Petition by Juan and Antonio Tafoya to Governor Cru- 
zat, alleging that they had been in possession of a tract of 
lands in the Canada de Santa Clara for eight years, which 
tract had been granted to them by Don Juan Domingo de 
Bustamante; that they had cultivated the land all the 
time ; that while they were in quiet and peaceable posses- 
sion of it, they received a written order from Miguel de 
Archibeque, chief alcalde of Santa Cruz, to present to 
him the titles they held to said tract; that having com- 
plied with said order, a few days later the alcalde died; 
that although they had endeavored to recover their title 
papers they were unable to find them, even in the hands 
of the executors. In view of all this they ask the gov- 
ernor to make them a new grant of the premises, stating 
the boundaries to be on the east by the boundaries of the 
pueblo of Santa Clara, on the west by the main mountain 
range, on the south by a table-land called that of San Ilde- 
f onso, and on the north by the lands of Juan de Mestas. 

This petition was presented to the governor on Novem- 
ber 12, 1733, and he thereupon ordered the petitioners to 
present witnesses before Antonio de Ulibarri, chief al- 
calde of Santa Fe, to prove the making of the grant by 
Governor Bustamante. 

Subsequently this was done, the petitioners at different 
times presenting five witnesses, whose sworn statements 
were reduced to writing, and made a part of the record. 

These depositions showed that the grant undoubtedly 



284 THE SPANISH AECHIVES OF NEW MEXICO 

had been made by Governor Bustamante ; that possession 
had been given by the chief alcalde, Captain Cristobal de 
Torres; that the Indians had objected to the grantees be- 
ing permitted to cultivate any lands on the tract granted, 
because such cultivation would interfere with the supply 
of water in the Santa Clara river, on which stream they 
depended for the cultivation of their own fields; that the 
Tafoyas then stated they did not want the grant for agri- 
cultural purposes but only as a ranch; that the Indians 
had no objections to it being used for that purpose, and 
that possession was given with that understanding. 

Also it was shown that the Tafoyas had settled the land, 
built houses, opened up the lands, and even built a chapel. 

In view of the foregoing, Governor Cruzat y Gongora, 
on November 20, 1733, stated that the possession which 
had been given of the tract should be understood as ap- 
plying only to a ranch, and not to planting lands. 

On November 26, 1733, this decision was made known 
to the Tafoyas by the chief alcalde of Santa Cruz, Captain 
Juan Esteban Garcia de Noriega, and the Tafoyas, after 
hearing and understanding it, stated that they still had 
some statements to make in regard to the possession. 

The document abruptly ends in that way. 

953 PHELIPE TAMAEIS, for Ms wife, Magdalena Baca. 
1734. 

Claim for house and lands against Francisco Guerrero. 
Santa Fe. Compromised. Gervasio Cruzat y Gongora 
Governor. 

Felipe Tamaris was a vecino in 1733 and 1734; married 
Magdalena Vaca, daughter of Ignacio Vaca and Juana de 
Almazan; there are four of Tamaris 's signatures, the 
last being certified to by Antonio de Ulibarri. 

954 SALVADOR DE TORRES, Xptobal Tafoya, Josefa de 
Torres, Juan Joseph de la Cerda, Miguel Montoya, 
Juan Truxillo, Miguel Martin Serrano, Francisco 
Truxillo, Vincente Xiron, and Bartolome Truxillo. 

Petition. 1734. Lands on the Chama at Abiquiu. Grant 
made by Gervasio Cruzat y Gongora, Governor. Posses- 
sion given by Juan Paez Hurtado, Teniente General. 

955 JOSEPH ANTONIO DE TORRES. Petition. 1735. 

Land at Abiquiu. Grant made by Juan Paez Hurtado, 










THE SPANISH AECHIVES OP NEW MEXICO 285 

Acting Captain-General. Revoked by Cruzat y Gongora, 
Governor. 

TOWN of TOME. Grant. 1739. 
Reported Claim No. 2, q. v. 

The grant to the Town of Tome was made in the year 
1739 ; the new settlement was called "Nuestra Senora de la 
Conception de Tome Dominguez" and was named for the 
celebrated Captain Thome Dominguez de Mendoza, who 
owned a rancho near by prior to the pueblo rebellion of 
1680. The grant is as follows : 

' ' Sir Senior Justice : All the undersigned appear be- 
fore you, and all and jointly, and each one for himself, 
state, that in order that his excellency the governor may 
be pleased to donate to them the land called Thome Do- 
minguez, granted to those who first solicited the same, 
and who declined settling thereon, we therefore ask that 
the land be granted to us; we therefore pray you to be 
pleased [eaten by mice] at that time [eaten by mice] said 
settlers, we being disposed to settle upon the same within 
the time prescribed by law ; we pray you to be pleased to 
give us the grant which you have caused to be returned, 
as you are aware that our petition is founded upon ne- 
cessity and justice, our present condition being very lim- 
ited, with scarcity of wood, pasture for our stock, and un- 
able to extend our cultivation and raising of stock in this 
Town of Alburquerque on account of the many foot-paths 
encroaching upon us, and not permitted to reap the ben- 
efits of what we raise, and, in a measure, not even our 
crops on account of a scarcity of water, and with most of 
us our lands are of little extent and much confined, etc. ' ' 

The original settlers were : Juan Barela, Jose Salas, Juan 
Ballejos, Manuel Carillo, Juan Montano, Domingo Sedillo, 
Matias Romero, Bernardo Ballejo, Gregorio Jaramillo, 
Francisco Sanches, Pedro Romero, Felipe Barela, Lugardo 
Ballejos, Agustin Gallegos, Alonzo Perea, Tomas Samorra, 
Nicolas Garcia, Ignacio Baca, Salvador Manuel, Francisco 
Silva, Francisco Rivera, Juan Antonio Zamora, Miguel 
Lucero, Joachim Sedillo, Simon Samorra, Xptobal Galle- 
hos, Juan Ballejos, grande, Jacinto Barela, and Diego 
Gonzales. 

This petition was presented to Juan Gonzales Bas, chief 
alcalde of Alburquerque and by him referred to the gov- 
ernor and captain-general, Don Gaspar Domingo de Men- 



286 THE SPANISH AECHIVES OF NEW MEXICO 

doza, who made the grant, and possession was given on 
July 30, 1739, by Don Juan Gonzales Bas, the boundaries 
being: on the west the Rio del Norte; on the south the 
place commonly called "Los Tres Alamos"; on the east 
the main ridge of the Sandia Mountains, and on the north 
the point of the Cienega at the hill called Thome Domin- 
guez. 

957 FEANCISCO BENDON to Cayetano Tenorio. Santa 
Fe. 1739. 

House and land. Antonio Montoya, Alcalde. 

958 MANUEL VELASQUEZ to Bernardino Truxillo. 
Santa Fe. 1739. 

Land on the other side of the Rio de Santa Fe. Antonio 
Montoya, Alcalde. 

959 ANTONIO DOMINGUEZ to Antonio Tafoya. Santa 
Fe. 1739. 

Land in Santa Fe. Antonio Montoya, Alcalde. 

960 DIEGO GAYTAN to Bernardino Truxillo. Santa Fe. 
1739. 

House and land in Santa Fe. Antonio Montoya, Alcalde. 

961 PHELIPE TAFOYA. 

Grant. Santa Fe. 1742. Land near Santa Fe known as 
the Rancho de Velasquez. Gaspar Domingo de Mendoza, 
Governor. Possession given by Antonio de Ulibarri, Al- 
calde. 

962 TOMAS DE TAPIA. Grant. Santa Fe. 1742. 

The land designated in the grant made to Phelipe Ta- 
foya. No. 961, q. v. Gaspar Domingo de Mendoza, Gov- 
ernor. 

963 JOSEPH DE BIAfiO TAGLE. 

Will. Santa Fe. 1743. Also inventory of his estate. 
Testimonio certified by Antonio de Hulibarri, Alcalde. 

964 JOSEPH DE BIAfiO TAGLE. 

Will and inventory and partition of his estate. Santa Fe. 
1743. No. 963. 

Joseph Antonio de la Fuente. Santa Fe. 1743. Peti- 
tion for the settlement of the estate of Ana Maria Baca, 






THE SPANISH AECHIVES OF NEW MEXICO 287 

widow of Joseph Griego, she having died intestate. Gaspar 
Domingo de Mendoza, Governor. 

Don Jose de Riafio y Tagle was a native of the kingdom 
of Castile, archbishopric of Burgos, mountains of San- 
tander, in the Villa de Santillana. He was the son of Don 
Jacinto Riafio and Dona Teresa de Tagle Bustamante. His 
wife was Doiia Maria Roybal, daughter of Don Ignacio 
Roybal and Dona Francisca Gomez Robledo. Of this mar- 
riage there was one son, Jose Riaiio. His place of resi- 
dence was at "El Alamo," in Santa Fe county. He also 
had a fine residence in the City of Santa Fe, on lower San 
Francisco street, which had a garden, orchard, and ex- 
tended from the street to the river. Both of these places 
he purchased from Doiia Maria Fernandez de la Pedrera. 
Riano was an intimate friend of Captain Juan Jose Lo- 
bato. The Juez Eclesiastico and vicario Don Santiago 
Roybal was his brother-in-law, as was also Don Juan Jose 
Moreno. 

This will, owing to the sudden illness of the testator 
and the impossibility of obtaining other, is written upon 
a small piece of paper. He was a very wealthy man for 
the period ; he was a slave owner (negroes) and owned a 
land grant at the Piedra Lumbre. Lugarda Lujan was 
his god-daughter. The will provides that six thousand 
pesos be set aside as patrimony for his son, Jose, who was 
dedicated to the priesthood. Don Jose Miguel de la 
Pefia's signature appears in the inventory. 

At this period oxen were worth $25.00, bulls $16.00, 
steers $20.00, calves $6.00, cows $16, mares $15.00 ; a gun 
was worth $40.00 and a pair of silk stockings, gold em- 
broidered were worth $8.00 ; a saddle, silver mounted, was 
valued at $120.00, and a sword with silver hook and 
handle, $50.00; a pair of spurs with straps were valued 
at $30.00. Sheep sold for $2.00, wethers or ewes. The 
place called San Jose del Alamo, his country residence, 
was two stories in height, with corridors, and contained 
thirteen rooms. 

965 JOSEPH MARIANO DE LOS DOLORES ITURRIETA 
and OTHERS. 

Petition. Lands at Xemes. 1744. Of no effect. Joachin 
Codallos y Rabal, Governor. 

966 JOSE TERRUS. 

Will. 1745. Santa Fe. Antonio de Hulibarri, Alcalde 



288 THE SPANISH AECHIVES OP NEW MEXICO 

967 CEISTOBAL TAFOYA and OTHERS. 

Partition of lands. 1745. Reported Claim No. 109, q. v. 
Francisco, Antonio, Gijosa Grant. 

Gijosa Grant; Reported No. 109, has an area of about 
1557 acres, a part of which conflicts with the grant to the 
pueblo of Taos. The grant was confirmed by the court 
of private land claims and under the decree and survey 
it was found that the grant had more than 16,000 acres. 
The conflict under the new survey with the Taos Pueblo 
Grant was entirely eliminated. It was patented October 
26, 1908. 

968 LUGARDA QUINTANA. 

Will. Villa Nueva de Santa Cruz. 1749. Ilario Ar- 
chuleta, Alcalde. 

969 JUAN TOMAS LOBATO to Pedro Antonio Truxillo. 
1750. Santa Fe. 

Land at Buena Vista. Joseph de Bustamante (y Tagle), 
Alcalde. 

970 HEIRS OF MANUEL TRUXILLO and Maria de la 
Candelaria Gonzales, his wife. Santa Fe. 1751. 

Partition of estate. Names of the heirs: Maria Fran- 
cisca Trujillo, Antonio Marcela Truxillo. Manuel Gal- 
legos, Alcalde. 

971 PEDRO TRUXILLO and Bartolome Martin to Cristo- 
bal Truxillo. 1751. 

Lands on the Rio Pojoaque. Juan Joseph Lobato, Al- 
calde. 

972 BLAS TRUXILLO to Maria Rosa de Mestas. 1751. 

Lands on the Rio de Jojoaque. Juan Joseph Lobato, Al- 
calde. 

973 JUAN TRUXILLLO in the name of Pedro, Francisca, 
Josepha Truxillo, minor heirs, and for himself to An- 
tonio Truxillo. Pojoaque. 1751. 

Lands on the Rio de Pojoaque. Juan Joseph Lobato, Al- 
calde. 

974 FRANCISCO ANAYA ALMAZAN to Teresa Tenorio. 

House and land in Santa Fe, 1751. Manuel Gallegos, Al- 
calde. 




THE SPANISH AKCHIVES OF NEW MEXICO 289 

1)75 LAS TRAMPAS GRANT. 

Settlement of 1751; Reported Claim No. 27. 

Grant and Royal Possession, and Donation of Sebas- 
tian Martin, in favor of the resident settlers, included 
here in at the new settlement of the place called l ' Santo 
Tomas del Rio de Las Trampas." 

At the Town of Nuestra Sefiora de la Soledad del Rio 
Arriba, on the first of July, in the year one thousand 
seven hundred and fifty-one, before me, Captain Juan 
Jose Lovato, chief justice and war-captain of all this juris- 
diction, appeared Captain Sebastian Martin, resident of 
said town, and declared: That, whereas, he has reliable 
information that Don Thomas Velez Cachupin, governor 
and captain-general of this kingdom, intends, as good gov- 
ernments should do, to settle the place called Santo Tomas 
Apostol del Rio de Las Trampas, with twelve families, 
consisting of the following named citizens; Juan de Ar- 
guello, Melchor Rodriguez, Antonio Dominguez, Pedro 
Felipe Rodriguez, Eusebio de Leyba, Luis de Leyba, Juan 
Jose de Arguello, Juan Garcia, Salvador Baca, Ygnacio 
Vargas, Vicente Lucero, and Jose de Aragon, and consid- 
ering that said settlement will redound to the service of 
His Majesty (whom may God preserve) and to the pub- 
lic weal, he grants, donates, and conveys, according to 
law, to the above mentioned citizens, a piece of land from 
his possession, which adjoins said settlement, in order 
that it may have sufficient land for cultivation on both 
sides of the Trampas river; that from the Penasco del 
Canoncito to the main road; said piece of land, on being 
measured, contains one thousand six hundred and forty 
varas, and in proportion the proper amount of land in a 
direct line from south to north, to have, use and culti- 
vate it for themselves, their children, heirs and successors, 
and barter, sell and dispose of the same, for which pur- 
pose he assigns and transfers to the aforesaid citizens all 
the royal and personal title he had to said lands, granting 
the same to them free of all tax, tribute, mortgage, or 
other encumbrance, for which neither himself, his chil- 
dren, heirs, or successors will enter suit, dispute, or com- 
plaint against them, and if he should do so he requests not 
to be heard in court or out of court, as said land is do- 
nated freely and voluntarily, for the just ends above ex- 
pressed, and for which he resigns his own rights, resi- 
dence and vicinity, under the law cit combenerit, and the 



290 THE SPANISH AECHIVES OF NEW MEXICO 

general law in reference to the matter, acknowledging this 
deed to be good, and (valid) any want of form to the 
contrary notwithstanding, and for its greater force and 
validity, he requested me, the aforesaid senior justice, to 
interpose my judicial decree, which I certify to have in- 
terposed, acting as appointed judge, with two attending 
witnesses, in the absence of public or royal notaries, with- 
in the limits provided by law ; said conveyor did not sign 
this document, as he has an impediment in his sight, and 
it is executed at the aforesaid town on the day and date 
above mentioned, to all of which I certify. 

Este duplicate valid. JUAN JOSE LOBATO 

Acting Judge attending : 

JUAN DOMINGO LOVATO 

In the City of Santa Fe, on the fifteenth day of the 
month of July, one thousand seven hundred and fifty- 
one, I, Don Thomas Velez Cachupin, governor of this 
kingdom of New Mexico and castellan of its royal gar- 
rison, stated: That whereas, in the general visit made 
by me, in conformity with royal orders throughout the 
entire extent of this kingdom, as will appear by reference 
to several decrees, it appears that the inhabitants of this 
said city have increased to a great extent, many of whom 
are yet of a youthful age, consequently there is not land 
or water sufficient for their support, neither have they 
any other occupation, trades, or means of traffic, excepting 
agriculture and the raising of stock; and whereas, in the 
King's domains which are unoccupied, there are lands 
which up to this time are uncultivated, and which will 
yield comforts to those who cultivate them, and where 
such persons as shall be named in this town, who have no 
occupation or employment, can settle upon and cultivate 
such lands as shall be assigned to them, from which the 
further benefit will result that the hostile Indians will 
not travel over them, and will serve as a barrier against 
their entrance to despoil the interior settlements. In 
view of all which, and whereas one of the said sites is 
called Santo Thomas Apostol del Rio de las Trampas, 
situate in the vicinity of the settlement of Santa Barbara, 
therefore, I hereby assign and distribute said site in the 
manner and to the persons following : 

To Juan de Arguello, one hundred and eighty varas of 
wheat-growing land, with corresponding water, pastures, 
and watering places, entrances and exits, without injury 
to third parties. 



THE SPANISH AKCHIVES OF NEW MEXICO 291 

To Melchor Rodriguez, the same hundred and eighty 
varas as the foregoing. 

To Antonio Dominguez, the same amount and number 
of varas as the preceding one. 

To Pedro Felipe Rodriguez, the same, one hundred and 
eighty varas, without variation. 

To Eusebio de Leyva is assigned the same amount of 
land, under the same conditions. 

Luis de Leyva is placed on an equality with the others 
in lands and measurements. 

To Juan Jose de Arguello is assigned the same quantity 
with the conditions above prescribed. 

To Juan Garcia is assigned the same amount of one 
hundred and eighty varas. 

To Salvador Vaca a like grant of land is made, with 
the measurements and conditions above-mentioned. 

To Ygnacio Vargas, in the same manner, are assigned 
one hundred and eighty varas of land. 

To Vicente Lucero will be given the same amount, in 
comformity with the above. 

To Joseph de Arragon, who is the last of the twelve 
heads of families, the same amount of land, in conformity 
with the conditions imposed on the balance, above de- 
scribed. 

To whom, for the reasons above stated, I grant, in the 
name of his Majesty, (whom may God preserve) two 
thousand one hundred and sixty varas of arable land, all 
of which are wheat-growing and under irrigation, in the 
canon and streams of the Trampas river, which runs from 
east to west, for themselves, their children, successors, and 
other legal (torn); to have, cultivate, and reap the 
benefit of its fruits, crops, and other profits, without in- 
jury to third parties; and considering that this quantity 
of wheat-growing land will not be sufficient, on account 
of the increase of their families, and as in the canon or 
place where they are to settle, from east to west, there 
are no other lands under irrigation that they can use, 
and whereas there are two canons, called De los Alamos 
and Ojo Sarco, south of the Trampas river, which, al- 
though not susceptible of irrigation, are most fertile and 
of good quality, I also grant them to the above-mentioned 
persons, to be equally divided between them, in the same 
manner as the two thousand one hundred and sixty varas, 
assigning them as boundaries a narrow made by the river, 
where it joins the mountain, on the east ; on the west the 



292 THE SPANISH ARCHIVES OF NEW MEXICO 

narrows (Angostura) of the river, to where the grant 
made to Sebastian Martin terminates, and drawing a 
straight line from the Angostura towards the south to the 
summit of the Canada del Ojo Sarco; on the north, the 
boundary of the pueblo of Picuries ; and on condition that 
they shall not sell, transfer or convey, or in other manner 
dispose of all or a portion of said lands, until the expira- 
tion of the four years provided by law, and not even then 
to ecclesiastics, convents, colleges, or other communities. 
And Juan Joseph Lovato, the chief justice of the town 
of Canada, will give the royal and personal possession to 
all in common, and to each one in particular, of their re- 
spective tracts; and for that purpose and the other pur- 
poses herein mentioned, and concerning the authentic 
documents thereunto appertaining, he is hereby commis- 
sioned as the law requires, and after having executed all 
the necessary acts and decrees in the premises, he will 
return them complete to this government. 

Further, in regard to Sebastian Martin having [torn] 
made a donation of a piece of land, with what has been 
before stated, I approve said (donation), and interpose 
my authority and judicial (decree) including them in the 
two thousand one hundred and sixty varas, with which 
they will have sufficient. All of which I, the said gover- 
nor, have determined, after mature deliberation, desiring 
the service of the king and the public good. And I so 
ordered and signed, acting with two attending witnesses, 
in the absence of a public or royal notary, there being 
none in this kingdom. To all of which I certify. 

THOMAS VELEZ CACHUPIN 

THOMAS DE ALVEAR Y COLLADO 

THORIBIO ORTIZ 

At this place of Santo Thomas Apostol del rio de las 
Trampas, I, Juan Joseph Lovato, chief justice and war- 
captain of the new city of Santa Cruz and its districts, by 
virtue of the commission conferred upon me by Don 
Thomas Velez Cachupin, governor and captain-general of 
this kingdom of New Mexico, and in conformity with the 
directions therein contained, I placed the aforementioned 
citizens in royal and personal possession, according to the 
decree of his excellency, after having performed all the 
ceremonies directed by the royal ordinances. Joseph 
Zamora, Manuel Martin, and Juan Fresque, being present 
and acting as instrumental witnesses, having been sum 






THE SPANISH AECHIVES OF NEW MEXICO 293 

moned by me for that purpose, the distribution, centre, 
and boundaries being as follows [torn] : The residences 
and dwellings of the twelve families, fifty-seven and one- 
half varas, were set aside towards (the four points of the 
compass) leaving for drippings, enclosures, stables, and 
other objects of that nature [the following fifteen lines in 
the original are so much torn as to be unintelligible] 
sixty-one varas in equal parts on the southern side, one 
hundred and eighty varas belong to Juan de Arguello; 
one hundred and eighty varas to Eusebio de Leyba; to 
Vicente Lucero another hundred and eighty varas of land ; 
to Juan Garcia a like one hundred and eighty varas of 
land; to Jose Aragon another hundred and eighty varas 
of land ; Juan Joseph Arguello also received one hundred 
and eighty varas of land ; to Melchior Rodriguez the same, 
one hundred and eighty varas of land; to Pedro Phelipe 
Rodriguez another one hundred and eighty varas of land ; 
to Salvador Baca, in consequence of the arable land hav- 
ing become narrower as it entered the canon, were as- 
signed two hundred varas of land ; and considering that a 
gulch in the centre of the fields prevents [torn] the same 
amount of one hundred and eighty varas which is [torn] 
received in possession, establishing the boundaries in di- 
rect lines, [the remaining portion of the original docu- 
ment, with the exception of the last four lines, is torn in 
half and illegible], in the absence of a royal or public 
notary, and it is done at the aforesaid place of Santa 
Thomas Apostol, on the twentieth day of the month of 
July, in the year one thousand seven hundred and fifty- 
one, to all of which I certify. 

JUAN JOSEPH LOVATO, Acting Judge. 

FRANCISCO ZISNEROS 

ANTONIO JOSEPH LOVATO 

976 BARTOLOM3 TRUJILLO. 

Grant, 1752. Rancho de San Joseph de Garcia. At San- 
ta Rosa de Abiquiu. This is the second time that this 
land was granted to this grantee, the first having been 
made in 1734 by Juan Paez Hurtado. Tomas Veles Caehu- 
pin, Governor. 

977 FRANCISCA CADENA to Jose Torres. Santa Fe. 
1753. 

House and land. Nicolas Ortiz, Alcalde. 



294 THE SPANISH ARCHIVES OF NEW MEXICO 

978 MAEIA LUISA CADENA to Jose Torres. Santa Fe. 
1753. 

Land. Nicolas Ortiz, Alcalde. 

979 ANTONIO DE AEMIJO to Josepha Thenorio. Santa 
Fe. 1755. 

House and land. Francisco Guerrero, Alcalde. 

980 ISIDEO MAETIN to Getrudis Trugillo. Santa Fe. 
1757. 

House and land. Francisco Guerrero, Alcalde. Phelipe 
Sandoval Fernandez. 

981 SANTIAGO DE EOIBAL, vicario, etc., to Phelipe Ta- 
foya. Santa Fe. 1758. 

Land in Pueblo Quemado, about one league distant from 
Santa Fe. Francisco Guerrero, Alcalde. 

982 MANUEL DE SENA to Miguel Tafoya. Santa Fe. 
1758. 

House and land. Francisco Guerrero, Alcalde. 

983 ANTONIO DUEAN DE AEMIJO, el Chico, to Fran- 
cisco Trugillo. Santa Fe. 1759. 

House and land on San Francisco street. 

984 LUIS FEANCISCO DE LEYBA to Juan de Tafoya. 
Santa Fe. 1759. 

House and land in Santa Fe. Francisco Guerrero, Al- 
calde. 

985 JACINTO PEEEA to Juan Tafoya. Santa Fe. 1761. 

Land at the place called El Pino. Manuel Gallegos, Al- 
calde. 

986 TOMAS EOIBAL to Juan Tafoya. Santa Fe. 1762. 

House and land. Manuel Gallego, Alcalde. 

987 MAECIAL TOEEES of Taos Valley. 1762. 

Inventory and partition of his estate. Francisco Marin 
del Valle, Governor. 

988 FEANCISCO EAEL DE AGUILAE to Martin Torres. 
Santa Fe. 1763. 

House and land. Manuel Gallego, Alcalde. 






THE SPANISH AECHIVES OF NEW MEXICO 295 

989 PASCUALA VASQUEZ to Cristobal Tapia. Santa 
Fe. 1764. 

Land. Francisco Guerrero, Alcalde. 

990 ANTONIO GONZALES of Alameda. 

In the matter of the settlement of his estate. Nicolasa 
Gonzales by her attorney, Antonio Casimiro Trujillo vs. 
Josepha Barela, her mother-in-law. Tomas Velez Cach- 
upin, Governor. 

991 MAEIA BACA and Domingo de Luna, her husband, 
by their attorney, Miguel Thenorio de Alva, to Miguel 
Tafoya. Santa Fe. 1767. 

A tract of land in the Canada called Guicu, acquired by 
said Maria Baca by inheritance from her father, Nicolas 
Baca. Pedro Fermin de Mendinueta, Governor. Fran- 
cisco Guerrero, Alcalde. 

992 NICOLAS MOBAN to Miguel Thenorio de Alva. 
Santa Fe, 1767. 

Land in Buena Vista. Francisco Guerrero, Alcalde. 

993 JUAN MARTIN to Manuel Teyes (Telles). Pojoaque. 
1769. 

Tract of land on the Rio del Norte. Antonio Joseph Or- 
tiz, Alcalde. 

994 MARIA FRANCISCA TRUXILLO. San Geronimo 
de Taos. 1770. 

Will. Antonio Harmijo (Armijo), Alcalde. 

995 PHELIPE TAFOYA. 

Will. Santa Fe, 1771. Pedro Fermin de Mendinueta, 
Governor. 

996 ANTONIO ELIAS MARTIN to Manuel Trujillo. San- 
ta Fe. 1772. 

Land. Manuel Garcia Pare j a, Alcalde. 

997 CAYETANO TORRES. Intestate. Sabinal 1780. 

Inventory and partition of his estate. Juan Francisco 
Baca, Alcalde. 

998 ANTONIO TAFOYA. 

Jose Maldonado, Teniente. 



296 THE SPANISH AECHIVES OF NEW MEXICO 

999 CAELOS FERNANDEZ to Vincente Troncoso. Santa 
Fe. 1786. 

House in said city. Antonio Jose Ortiz, Alcalde. 

1000 JOSEPH MANUEL TEUJILLO. Will San Joseph 
de Chama. 1770-1785. 

Proceedings in the administration of his estate, etc. Juan 
Bautista de Anza, Governor. 

The town of Chamita had a grant. Reported No. 36. 
File No. 64, which lies west of the Rio del Norte and al- 
most entirely within the boundaries of the grant to the 
pueblo of San Juan. It was confirmed June 21, 1860, but 
has not been patented. 

1001 BAEBAEA TEUXILLO, of the Vallecito de Xemes, 
vs. Bautista Gonzales. 1794. 

In the matter of lands sold to defendant by her father- 
in-law, Paulin Montoya, etc. Papers incomplete. Miguel 
Canelas, Comandante Accidental y Capitan Graduado de 
este Real Presidio. 

1002 JOSEPH and MAEIANO TEUXILLO of Sabinal and 
Abiquiu, vs. Adauto Isidro Fresquis. 1801. 

In the matter of title to a certain rancho. Manuel Garcia 
de la Mora, Alcalde. 

1003 MANUEL THENOEIO DE ALVA vs. Heirs of Juan 
Domingo Eomero. Santa Fe. 1810. 

In the matter of a piece of land in the Cienega. Man- 
rique, Governor. Bartolome Fernandez. 

1004 HEIES OF CHEISTOBAL TOEEES vs. Ignacio, 
Juan Lorenzo and Eosalia Valdez. No date. 

Protest against grant of land at Chama. No action. 

1005 FEANCISCO TEUXILLO, Bartolome Marquez, and 
Diego Padilla. 

Petition for lands on the Pecos. No action. 1813. 

This is the Los Trigos Land Grant. The original pe- 
tition was addressed to the governor of New Mexico, May 
26, 1814, Don Jose Manrique. The petitioners asked for 
a tract of uncultivated land situate in the place called Los 
Trigos, as far as El Gusano, independent of the league 
of the Indians of the pueblo of Pecos. The matter was 



THE SPANISH AECHIVES OF NEW MEXICO 297 

referred to the corporation of Santa Fe, at that time com- 
posed of the following: 

Matias Ortiz, Antonio Ortiz, Manuel Gallegos, Juan de 
Dios Sena, Ignacio Ortiz, Manuel Delgado, Juan Esteban 
Pino, Francisco Ortiz, Felipe Sandoval, Francisco Ortiz, 
Jr., and Francisco Montoya, Cristobal Ma. was secretary. 

The "Ojito de las Ruedas" and " El Gusano" are 
prominent places mentioned in the papers on file; these 
were both the sites of old pueblos, the ruins of which may 
still be seen, consisting today of covered mounds of earth ; 
they were undoubtedly occupied in the time of the first 
Spanish explorers, as these names have come down from 
the seventeenth century. There is also an "Arroyo de 
Las Ruedas ' ' which empties into the Rio Pecos. 

Don Domingo Fernandez is authority for the statement 
that in 1822 the place was abandoned because of the hos- 
tilities of the Apaches who killed a prominent Mexican, 
named Vincente Villanueva, near Las Ruedas. 

The first man to cultivate lands at Los Trigos was Don 
Mariano Casados. 

1006 FRANCISCO TEUJILLO. 

Manrique, Governor. Manuel Garcia de la Mora, Alcalde. 
Marcos Delgado, Secretary of the Ayuntamiento of Abi- 
quiu. This paper is not complete. 

1007 FRANCISCO TRUJILLO. Part of 1006. 

No final action. 

1008 IGNACIO TAFOYA and others. 1819. 

Grant. Reported Claim No. 96. Canon de Carnuel. 

1009 TOWN OF TECOLOTE. 

Grant, 1824. Reported Claim No. 7. 

The citizen, Salvador Montoya, made petition for this 
grant saying that he had no lands wherein to "scatter a 
few grains of corn and other seed for my support and 
that of the large family which I have." This petition 
was filed with the constitutional justice at San Miguel 
del Bado, Don Diego Padilla, October 8, 1824. The al- 
calde thought the petition ' ' rigorously just ' ' and sent the 
same to the Territorial Deputation, that body at the time 
being composed of the following : Bartolome Baca, presi- 
dent; and the Sefiores Antonio Ortiz, Pedro Jose Perea, 
Pedro Bautista Pino, Matias Ortiz and Juan Bautista 



298 THE SPANISH AECHIVES OF NEW MEXICO 

Vigil, secretary. The Deputation approved the petition 
and the same was also approved by the political chief, 
Don Bartolome Baca. it was approved by the surveyor- 
general of New Mexico, December 31, 1856. Don Tomas 
Sena, the constitutional justice of El Bado (San Miguel) 
placed the petitioners in possession of the property on 
the 23d day of April, 1825. This was a noted stopping 
place on the Old Trail from the Missouri river to Santa 
Fe. 

1010 MANUEL TEUXILLO. San Miguel del Socorro. 
1827. 

Complaint against Santiago Torres, Alcalde, for ejectment 
from lands granted to him in said place. Antonio Nar- 
bona, Governor. No final action taken. 

1011 JOSE TAFOYA vs. Jose Perea. Alameda. 1827. 

Letter of Mariano Sanchez Vergara, Alcalde of Alameda, 
in relation to a suit between the said parties. No final ac- 
tion. 

1012 GETEUDIS TAFOYA vs. Heirs of Santiago Garcia. 
Alameda. 1827. 

In the matter of title to lands inherited from her maternal 
grandmother, Prudencia Gonzales. Manuel Armijo, Gov- 
ernor. Cleto Miera y Pacheco, Alcalde. 

1013 JOSE MANUEL TRUXILLO and 77 others. 

Report of Committee of the Territorial Assembly on their 
Petition for lands at the Manzano. 1829. 

1014 DOLORES JALOMO, Ignacio Nino Ladron de Gue- 
bara, Marcelino Abreu. 

Registration of a mine. 1833. Antonio Narbona, Gov- 
ernor. 

1015 FEANCISCO BACA Y TERRUS. 

Grant. 1839. Reported Claim No. 57. 

1016 FEANCISCO BACA Y TEEEUS. 

Grant. 1840. Reported Claim No. 57. 

1017 JUAN DE UEIBAEEI. Grant. 1709. 

Land in the jurisdiction of Alburquerque. Possession 
not given. El Marques de la Penuela. 






THE SPANISH ARCHIVES OF NEW MEXICO 299 

:_018 JUAN DE UEIBAERI. 1709. 

Registration of a mine. El Marques de la Peimela. 

1019 JUAN DE URIBARRI. 1710. 

Registration of a mine. El Marques de la Pefiuela. 

1020 JUAN DE URIBARRI, Matias Madrid, Sebastian Du- 
ran, Bartolome Lobato, Joseph Madrid, Simon de 
Cordoba. 

Petition for a tract of land near Chama. 1710. Granted 
but no possession given. El Marques de la Pefiuela. 

Roque Madrid and others. Petition. 1712. Asking 
that they be permitted to leave the Villa Nueva de Santa 
Cruz and take possession of the old Villa de Yunque-Yun- 
que on the Rio del Norte near Chama. Refused on the 
ground that it would leave Santa Cruz without sufficient 
defense. 

El Marques de la Pefiuela. Juan Paez Hurtado, Ten- 
iente General. 

Bartolome Lovato and others. Villa Nueva de Santa 
Cruz. Petition asking that they be declared the founders 
of the Villa Nueva de Santa Cruz. 1712. Reply by 
Juan Paez Hurtado, Teniente General. 

BARTOLOME LOVATO and Others. 

Villa Nueva de Santa Cruz. No date. Protest to the 
Captain-General against his giving the land they had asked 
for to Bartolome Sanchez. No action taken. 

Andres Gonzales, Sebastian Duran, Diego Marquez, 
Bias Lobato, Simon de Cordoba, Captain Bartolome Lo- 
bato, Jose Madrid, Tomas de Bejarana, Cristobal de Cas- 
tran, Matias Madrid, and Ysabel de la Serna, who were 
residents of the Villa Nueva de Santa Cruz, asked the gov- 
ernor and captain-general, the Marques de la Penuela, 
for a tract of land "called in ancient times the Town of 
Yunque"-, the petition was referred to Don Juan Paez 
Hurtado. So that those interested may know, this archive 
recites as follows: 

11 To the ancient place established by the first founders 
who came with Dn Juan de Onate, known as San Gabriel 
and by other name the Town of Yunque." 

These petitioners had been residents of the Villa Nueva 
de Santa Cruz "since the year 1694." General Hurtado 
declared that if these left Santa Cruz would practically 
be abandoned and on March 30, 1712, reported adversely ; 



300 THE SPANISH ARCHIVES OF NEW MEXICO 

the report was approved by the governor and captain-gen- 
eral. 

This archive also recites that the pueblo of Chama was 
on the west bank of the Rio Grande and on the north 
side of the Rio Chama. The petition is dated February 
22, 1710. 

Reference is also made to the reestablishment of the 
new pueblo of Isleta. Captain Bartolome Lobato came 
from Zacatecas. General Hurtado says that Cristobal 
Rodarte and Cristobal Castro, Matias Madrid and Juan 
Madrid were soldiers at El Paso in 1695 and that Diego 
Marquez and Simon Cordoba were at that place also, 
serving their fathers. 

On page 5 the settlement of San Gabriel, made by Don 
Juan de Dilate in 1598, is referred to also as La Villa de 
Yunque. 

1021 ANTONIO DE URIBARRI vs. Xptobal Martin and 
Antonia de Moraga. 

Title to a piece of land in Chimayo. Phelix Martinez, 
Governor. Xtobal Torres, Alcalde. 

1022 ANTONIO DE URIBAKKI. Grant. 1735. 

Land at Pueblo Colorado. Made by Juan Paez Hurtado 
and revoked by Governor Cruzat y Gongora. Miguel Mar- 
tin Serrano, Juan Estevan Garcia de Noriega. 

This is a grant to Antonio de Ulibarri for a small piece 
of land at a place called Pueblo Colorado, somewhere in 
the district under the control of the chief alcalde of Santa 
Cruz. 

The only thing in the document that relates to Pueblo 
Indians is the statement made by Ulibarri in his petition, 
where he says that in the year 1733 he presented a peti- 
tion to Governor Cruzat y Gongora, asking for a tract of 
land adjoining the lands of the pueblo of San Felipe, and 
the governor answered his petition by saying that he could 
not make the grant because it would be to the prejudice 
of the Indians, who had documents showing that they had 
paid their money for it. 

1023 PHELIPE DE APODACA to Juan Cayetano Vnuave. 
Santa Fe. 1766. 

House and land. Francisco Guerrero, Alcalde. 



THE SPANISH ARCHIVES OF NEW MEXICO 301 

>4 ANTONIO URBAN MONTASO. Los Palacios. 
Will. 1772. Manuel Garcia Pareja, Alcalde. 

On June 15, 1754, Antonio Urban Montafio, a resident 
of Santa Fe, registered a tract of land which at one time 
was occupied by the pueblo of San Marcos. In the peti- 
tion he describes an arroyo in that vicinity known as "Lo 
de Basquez. ' ' One boundary call is the ' * road leading to 
the pueblo of Galisteo." He was given the property by 
Governor Cachupin "with the understanding that he shall 
not damage with his herds the commons and the pasture 
of the horses of this royal garrison, nor the pasturage for 
the herds kept for the supply and support of the soldiers 
of the garrison, which are kept and pastured at those 
places. ' ' 

The turquoise mountain of Chalchuihuitl is mentioned 
in the act of possession. Another boundary call is the 
Sdbinos Altos de Chuacaco. 

1025 TOMAS URIOSTE. Santa Fe. 1820. 

Will. Jose Antonio Alarid, Sargento. 

1026 JOSE FRANCISCO URIBARRI. San Miguel del 
Bado. 1844. For himself and others. 

Petition for re-validation of a tract of land within the 
boundaries of Las Vegas called "La, Sanguijuela." No ac- 
tion taken. 

1027. DIEGO DE VARGAS ZAPATA LUJAN PONCE DE 
LEON, Marques de la Nava de Brazinas. Santa Fe. 
1704. Will. 

IN THE NAME OF GOD ALMIGHTY Know all 

who may see this my last will and testament that I, Gen- 
eral Don Diego de Vargas Zapata Lujan Ponce de Leon, 
Marques de la Nava Brazinas, Governor and Captain-Gen- 
eral of this Kingdom and Provinces of New Mexico, by 
His Majesty appointed, native of the imperial court of 
Madrid in the Kingdom of Castile, being sick in bed with 
the infirmity which God, Our Lord, has been pleased to 
place upon me, believing as I firmly and truly do in the 
mystery of the Holy Trinity, Father, Son and Holy Ghost, 
three distinct persons and only one true God, receiving as 
I do receive, as my intercessor, the Holy Virgin Mary, 
mother of the divine and eternal Word, I confide my soul 
to a most clear career of salvation, interceding with his 



302 THE SPANISH AKCHIVES OF NEW MEXICO 

worthy Son for forgiveness of all my sins, I do make or- 
der and dispose and declare this to be my testament in 
the manner and form following: 

Firstly : I commend my soul to God who created it with 
the price of His precious blood, and my body to the earth 
from which it was made. 

And if His Divine Majesty shall be pleased to take me 
away from the present life, I desire and it is my will 
that a mass be said while the corpse is present in the 
church of this town of Bernalillo, and afterwards the 
same shall be taken to the Villa of Santa Fe and placed 
and suspended in my bed selected as a bier and in the 
same to be taken to the church of the said town of Santa 
Fe and buried in said church at the principal altar under 
the platform where the priest stands; this I ask as a 
favor, said bier to be covered with honest woolen cloth 
and buried according to military rites and the title cere- 
monies and privileges of Castile, leading two horses cov^ 
ered with the same cloth as the bier. 

I order that on the said day of my funeral there be 
distributed among the poor of said Town fifty measures 
of corn and twelve head of cattle. 

I declare, also, that since the eighth day of June of 
last year, One thousand seven hundred and three, when 
I left the City of Mexico, I have been indebted to the 
Royal Treasury of His Majesty for the salary for two 
years which was advanced to me, which at the rate of two 
thousand dollars per annum will amount to four thousand 
dollars, which the Most Excellent Duke of Alburquerque 
ordered his officers and judges of the Court of Mexico to 
deliver to me upon my giving a life security, and having 
given the same with the Captains Don Joseph de Villa 
Urritia, Knight of the Order of Alcantara, and the Major 
Don Pedro de Tagle, Knight of the Order of Alcantara, 
and also with Don Joseph Carrillo, Chief Officer of Fac- 
torage of the Royal Exchequer (Minister of Finance}. 

I leave and assign for the payment and satisfaction of 
the most of the account of which I may be indebted to 
His Majesty from the day that God Our Lord may be 
pleased to take me away said salary, and that the afore- 
mentioned may not suffer or be compelled to pay any 
amount, I assign as a special pledge two young negro 
coachmen, of known age, for whom I paid six hundred 
and sixty dollars, the excise tax having been paid by me 
and which is mentioned in the receipts in my possession, 



THE SPANISH AECHIVES OF NEW MEXICO 303 

to which I refer; and my attorney will also deliver a 
white mulatto woman named Josefa de la Cruz, twenty- 
two years of age, the wife of Ygnacio, one of the two 
coachmen, who was the slave of Don Juan Cristobal de 
Palma y Mesa, councilman of the Royal Audience of 
Guadalajara, the contract showing her value. 

In the same manner my attorney and executor, the same 
being my Lieutenant-General, Don Juan Paez Hurtado, 
will remit or sell at the best obtainable prices the follow- 
ing silverware : 

1st: Thirty small silver dishes, the fifth part taken, 
and twenty-four sealed with my coat-of-arms and weigh- 
ing more than two marks. 

Two large dishes which weigh twelve marks and 
ounces. 

Six candle-sticks, with my coat-of-arms, and two pairs 
of candle snuffers, which weigh forty-two marks, more 
or less. 

Twelve silver porringers which weigh twelve ounces, 
sealed with my coat-of-arms, the one-fifth part taken. 

One salver bowl, gilded with a siren, weighing sixteen 
and seventeen marks, more or less. , 

One small silver keg, with stopper and chain, the one- 
fifth part taken, weighing six marks. 

One large plain tankard, weighing two marks and six 
ounces. 

Six silver forks and their silver tea-spoons, the fifth 
part taken and weighing twelve ounces. 

Three silver table spoons, weighing about two ounces. 

One large silver fountain, engraved, one-fifth part taken 
and weighing twenty-three marks. 

Another small silver fountain, engraved with vine- 
leaves, the one fifth taken, weighing thirteen marks. 

One silver deep bowl, for shaving purposes, the one- 
fifth taken and weighing twelve marks. 

One large silver waiter, weighing fourteen ounces. 

One silver basin, with my coat-of-arms, the one-fifth 
taken and weighing nine marks. 

One pair of pearl ear-rings, with eight fine emeralds, 
each one and its pendants worth five hundred dollars. 

One finger ring, with a rose diamond, checkered and 
enameled in black, worth four hundred dollars. 

Another finger ring with two diamonds, enameled in 
black and gold, worth one hundred dollars. 



304 THE SPANISH ARCHIVES OP NEW MEXICO 

Said silverware I leave to my testamentary executor to 
be sold to the person or persons of his approval, the re- 
turns to be remitted to the three said gentlemen, my said 
sureties, in said court and City of Mexico, and in the same 
manner he shall pay the balance of the freight upon 
three boxes of gun-powder, whatever it may amount to, 
together with the cost of hides, ropes and covers, for which 
said amount I ask him to secure a receipt in full pay- 
ment. 

I also declare as my sons, although not by legitimate 
wife, Don Juan Manuel de Vargas, of the age of twenty- 
four years, and Don Alonzo de Vargas, of the age of 
twenty-three years, and their sister Dona Maria Theresa, 
who is with her mother in the City of Mexico, of the age 
of nineteen years, who have been supported on my ac- 
count and to whom I assign two thousand dollars in cash, 
which are in a small cedar box, and more to make up said 
amount there will be found in the silk warehouse, forty- 
five dollars, it being understood that said amount of two 
thousand dollars shall be divided among the three, the 
two brothers and sister, in equal parts. 

In the same manner I leave to the said Don Juan and 
Don Alonzo de Vargas the two saddles which I have used ; 
also two pairs of pistols, with the holsters ; the banners of 
Anselm and Saint Michael, the Great, with the covers and 
cushions; two cloth suits which I have worn, one whitish 
and the other blue, with the gold buttons, covered with 
flesh color, and the whitish with its waist-coat and trou- 
sers of brown cloth, adorned with flounces of gold and 
silver ; this I leave to my son, Don Juan Manuel, and the 
other to my said son, Don Alonzo, together with a jacket 
of blue brocade, and a pair of trousers of blue plush and 
enough cloth of silk grogram for another pair; and fur- 
thermore of the piece of camlet cloth which I have as- 
signed, each one of my sons will make a new suit of cloth, 
a coat and two pairs of trousers, lined with the color of 
their selection of the listed cloth in the warehouse, with 
silk buttons, and the jackets lined with the same listed 
cloth; in the same manner I leave them six shirts, em- 
broidered with the best of lace, three to each one; two 
jerkins with eaten-moth laces, one to each; and of the 
neckties which I have commonly used, I leave two to each 
one of my said sons; further, four pairs of stockings of 
genoba, two pairs to each, and I leave to my said SOD, Don 
Alonzo, one pair of blue silk stockings, embroidered with 



THE SPANISH AECHIVES OF NEW MEXICO 305 

gold, and the pair which are silver curled to my son, Don 
Juan; I leave them four pairs of bed-sheets, two to each, 
with the embroidered pillow-cases ; I leave them four yards 
of fine linen, to each of my two said sons ; to my said son, 
Don Alonzo, I leave my two cloaks, one of fine native 
cloth, and the other of gold color, lined with serge ; to my 
said son, Don Juan, I leave the choice of the color of the 
cloak lined with serge; I also leave them three pairs of 
drawers, to each one, and one full piece of fine linen to be 
used by them for handkerchiefs ; and I leave to them the 
selection, to be taken to their mother and sister, a dress 
pattern of fine camlet cloth, with the lining of the listed 
cloth which they may like the best, and a pattern of pet- 
ticoats of scarlet cloth from England, with the silk and 
trimmings ; one silk mantle with fringe, for each one ; fur- 
thermore, I leave them the two trunks which I have ; and 
to my said son, Don Alonzo, I leave my fine sword hilt, 
and to my said son, Don Juan, I leave my small sword; 
and each one to have a leathern jacket, the one I have 
used and another from the warehouse; in the same man- 
ner to take to the General at Parral one leathern jacket of 
blue color and the stockings and gloves which I ordered 
to be made; I also leave to them my leather case, large 
elbow chair and eight ready mules, selected to the satis- 
faction of my slave, the negro Andres, who, for having 
rendered me good service with his great love and good will 
ever since the year ninety-one, by this clause, I give him 
liberty, with the understanding that he shall take my said 
sons to the City of Mexico and remain with them such time 
as he may see fit, and to whom will be given and provided 
a saddle and two mules to his satisfaction, with a gun, 
cover, cushions, bridle, reins and saddle-bag, hat, jacket 
and a pair of trousers of cloth, and, in the same manner 
will be given to my said sons one hundred pounds of 
chocolate and sugar and twelve measures of wheat-made 
dried bread, stockings, shoes, soap and hats for the said 
journey, which they will make two months after my death, 
or with the messenger who may take this notice of my death 
and in their company will go Don Antonio Maldonado 
Zapata, to whom I give four mules for pack animals and 
two saddle mules, fifty pounds of chocolate and fifty of 
sugar, four measures of wheat, six pairs of shoes, six 
bundles of tobacco, six dollars' worth of soap and two 
hats in order that he may accompany my two sons. 

To my secretary of government and war, also, for the 



306 THE SPANISH AKCHIVES OF NEW MEXICO 

love I bear him, I make him the gift of what he may owe 
me, and more, I leave him cloth of England enough for a 
suit of four yards, with its listed linings and buttons, so 
that with due care and legality he may assist my said 
lieutenant-general, by these presents appointed my testa- 
mentary executor. 

To the accounts which I have with the soldiers, cor- 
porals and officers of war of this garrison, paid in full 
their year in advance, and to the others, owing small 
sums, to pay them in full to their satisfaction upon the 
settlement of their accounts. 

There shall also be made an inventory of all of my 
property, assigning first to my said Lieutenant-general 
and compadre, Don Juan Paez Hurtado, the testamentary 
executor and administrator, my black hat embellished with 
blue and white feathers and my silver-laced cloak, lined 
with blue plush, and a new jerkin with grogram and silk 
lace and my gold cane. 

To my said sons I leave my mourning suit and to the 
said Don Antonio Maldonado Zapata, in consideration of 
relationship and friendship, I leave to him all that he 
may owe me on account of salary and furthermore, I give 
him a pair of stockings of yellow color, embroidered with 
silver, and one pair of socks. 

Out of the inventory of my property when made, there 
will be paid the parochial fee for the nine masses over the 
corpse, to the Rev. Fr. Guardian, giving him one hun- 
dred candles for the bier and fifty for the altars and those 
Religious present ; I believe there is chocolate of my liking 
in two baskets amounting to about two hundred and twen- 
ty-five pounds, and the balance in what he may ask to be 
paid in goods which may be left. 

Relative to the great quantities of supplies with which 
I have been supplied by the government and which appear 
to have come in to the Villa of Santa Fe during the last 
year, one thousand seven hundred and three, I submit the 
bill of exchange which I have drawn in favor of said per- 
sons. To Don Francisco Dias Tagle, resident of the City 
of Mexico, I may be indebted as to that which may not 
have been paid on the salary of one hundred soldiers of 
the garrison of the Villa of Santa Fe, and their year paid 
in advance began on the 16th day of December of last 
year, one thousand seven hundred and three, and will end 
in the present year, one thousand seven hundred and four, 
and for the payment of said balance I assign to said chief 






THE SPANISH ARCHIVES OF NEW MEXICO 307 

officer the goods of said inventory and also five hundred 
and fifty head of cattle, furnishing the said soldiers as 
usual from said stock and grain which are in my ware- 
house and in the house of Captain Diego Arias, the por- 
tion which appears in the book of accounts, and at La 
Canada in possession of Sylvestre Pacheco, and from the 
one as well as from the others said soldiers shall be sup- 
plied, all of which will be administered by my lieutenant 
promptly, the soldiers making to him their obligations to 
pay out of their salaries, and the new Governor who shall 
come to make the payment for said soldiers out of their 
salaries in the first payment to be made in the present 
year one thousand seven hundred and four, in order that 
the said soldiers may not be in need of the necessary sup- 
port in their aid to the Royal service, for which and in 
compliance with which the said soldiers shall give to my 
said lieutenant the notes required by him for what may be 
given to them and also giving to them thirty head of cat- 
tle each month at the pleasure of my said lieutenant. 

In the same manner I declare that I am indebted in the 
City of Mexico to the Captain Don Juan de Bazoco in the 
sum of two thousand one hundred and ninety dollars, pay- 
able at the end of the month of May of the present year. 
Furthermore, I am indebted to the Count of Fresno de la 
Fuente as evidenced by a note of seven hundred and some 
odd dollars, for the amount of my account which his pre- 
decessor, Don Mathias de Munaris did not collect, and for 
the payment of which I ask the Captain Don Antonio de 
Valverde to pay the same on account of what he owes me 
and to remit a bill of exchange to my said testamentary 
executor to be by him enclosed with notice of my death to 
the said Count de Fresno de la Fuente. 

In the same manner will Don Antonio Valverde pay to 
the Captain Don Francisco Sanchez de Tagle the balance 
due on account of three boxes of gun-powder which was 
gotten on my account in Mexico from the general con- 
tractor and the lead which I gave as ammunition for the 
journey, which he will pay at the rate of one dollar and a 
half for gun-powder and lead. 

In the same manner said Captain Antonio Valverde will 
pay in form convenient to himself and when agreeable, the 
different accounts furnished to the soldiers of his garrison 
and also for one box of soap which, at his request, I fur- 
nished him at said garrison at El Paso del Norte. 

I leave in full force and effect the testament made by me 



308 THE SPANISH AECHIVES OF NEW MEXICO 

on the first day of June of last year, one thousand seven 
hundred and three, in the City of Mexico, before Don 
Juan de Valdez, Notary Public for His Majesty, in which 
I declared and as to this I repeat and declare as the suc- 
cessor of my first-born son as Marques de la Naba Bra- 
zinas, my oldest grand-son as therein stated. 

I do appoint in my place my Lieutenant general, that as 
soon as I may die he may govern this kingdom, the po- 
litical as well as the military, who shall give immediate 
notice to the Viceroy, the Duke of Alburquerque, and in 
the same manner, for the discharge of this my testa- 
ment and its contents, I appoint my said lieutenant, 
Juan Paez Hurtado, my testamentary executor and the 
keeper of my goods, and after the discharging of the pro- 
visions of my will, having paid and satisfied all as in the 
same stated, it is my will that the remainder be remitted 
to my said administrators, Don Miguel de Ubilla and Don 
Diego Suazo y Cojales, and this I sign, while on the cam- 
paign, in the Town of Bernalillo, with the Captain Alonzo 
Rael de Aguilar, my secretary of government and war, 
and I, the said secretary say that in my presence it was 
made by the Marques de la Naba Brazinas, present gov- 
ernor and captain general of this Kingdom, and I do cer- 
tify and know that His Excellency is in his entire judg- 
ment and natural understanding which God Our Lord has 
been pleased to give him, and while His Excellency is in 
the field, and there not being any royal or public notary 
in this Kingdom and much less there being in this place 
an alcalde who could ex-officio acknowledge this testament, 
for said reason, it was ackuowledged by me, the said sec- 
retary of government, to give it full faith according to 
law ; His Excellency signing it before me said secretary of 
government and war and signing as witnesses Lieutenant 
Juan de Urribarri, Don Antonio Maldonado, Adjutant, 
and the Captain Felix Martinez, who were present and 
duly signed as stated. Made in the Town of Bernalillo 
on the seventh day of the month of April, in the year one 
thousand seven hundred and four, and written upon 
ordinary plain paper as there is none which is sealed at 
this place. Holding of no value persons and seventy head 
of cattle. 

And in the same manner I desire and it is my will that, 
whereas, I have furnished the Captain Don Felix Mar- 
tinez what my account books show, that my said admin- 
istrator do not collect anything from him for I give it 



THE SPANISH ARCHIVES OF NEW MEXICO 309 

to him for the great service and love which he has ren- 
dered me, and this clause shall be complied with as all 
the others, and I sign it before said secretary and wit- 
nesses on said day, month and year. 

Moreover, I declare that I have another mulatto slave 
by the name of Jose de la Cruz, whom also, on account of 
the time he has served me, lovingly and willingly, I do 
give to him his liberty, with the understanding that he 
will serve my said sons Don Juan and Don Alonzo de 
Vargas five years, and at the end of which time he will 
be at liberty, as appears by this clause and the declara- 
tion made before a notary by my said sons that said Jose 
de la Cruz has served the five years. I sign it with said 
secretary of government and war and the witnesses. 

THE MARQUES DE LA BRAZINAS [Rubric] 
Witnesses : 

JUAN DE ULIBARRI [Rubric] 

ANTONIO MACARIO MALDONADO ZAPATA [Rubric] 

FELIX MARTINEZ [Rubric] 
Before me: 

ALFONZO RAEL DE AGUILAR [Rubric] 
Secy, of Govmt. and War. 

On said day, month and year, I, the said Governor and 
Captain-general, Marques de la Naba Brazinas, do say; 
that notwithstanding the long time since I came from 
New Spain, I have ordered a great number of masses to 
be said for the repose of my soul, and notwithstanding 
this testament is closed, I desire and it is my will to have 
five hundred masses, two hundred applied to the Holy 
Virgin of Remedies, my protector, for the benefit of my 
soul, and three hundred for the souls of the poor who 
died in the conquest of this Kingdom and may have died 
up to the present day, for which I order my testamentary 
executor to pay the necessary fees out of my property, 
requiring a receipt for the payment of the same, and be- 
ing oppressed with the sickness which his Divine Majesty 
has been pleased to afflict me, although in my entire 
judgment and understanding, and not being able to sign 
this clause it is done for me by the Lieutenant Juan de 
Uribarri, there being present my secretary of govern- 
ment and war, whom I ask to certify, and I the said sec- 
retary, being present, do say that the said Marques is in 
his complete judgment and understanding and declares 
this clause and order for masses, and I sign it with said 



310 THE SPANISH ARCHIVES OF NEW MEXICO 

Lieutenant Don Juan de Uribarri, the witnesses being the 
Captain Don Fernando Duran y Chaves, Thomas Olguin 
and Don Bernardo Duran y Chaves, all present. 
By request of The Marques de la Naba Brazinas. 

JUAN DE URIBARRI [Rubric] 
FERNANDO DURAN Y CHAVES [Rubric] 
THOMAS OLGUIN [Rubric] 
BERNARDO DURAN Y CHAVES [Rubric] 
Before me: 
ALFONZO RAEL DE AGUILAR [Rubric] 

Secy, of Govmt. and War 

1028 SEBASTIAN BODRIGUEZ to Micaela de Velasco. 
Santa Fe. 1707. 

Land on the other side of the Rio de Santa Fe. 

1029 FEANCISCO MONTES VIGIL. 

Grant. 1710. Reported Claim No. 91, q. v. Town of 
Alameda. 

1030 JUANA DE ZOSA CANELA to Juan Ballejo. Santa 
Fe. 1716. 

Land in Alburquerque. Juan Garcia de las Rivas, Alcalde. 

1031 JUAN DOMINGO DE BUSTAMANTE, General, to 
Antonio de Valverde de Cossio, General. Santa Fe. 
1722. 

Land below the City of El Paso del Rio del Norte "cuyos 
sitios lindan por la parte del con los sitios de dho Sr. Gen. 
Dn. Antonio de Valverde y por la otra con el Pueblo de 
Guadalupe q. fue de los Indios Zumas que es por la parte 
Pondente y por la del Oriente por una y otra vanda hasta 
la sierra q. llaman de las Minas, y por la parte del medio 
dia hasta la sierra por la del Norte Las Salinas, y Sierra 
Florida en presio y cuantia de Zinco mil pesos de oro," 
etc. 

Francisco Bueno de Bohorques y Corcuera, Alcalde. 

This deed shows that General Don Antonio de Val- 
verde Cossio was the uncle and father-in-law of General 
Don Juan Domingo de Bustamante, both governors of 
the Province at different periods. 

1032 JUAN EUIS CORDEEO to Francisco Velasquez. 
Santa Fe, 1722. 

House and land. Francisco Bueno de Bohorques y Cor- 
cuera, Alcalde. 



THE SPANISH AECHIVES OF NEW MEXICO 311 

33 MATEO TRUXILLO to Sebastian de Vargas and 
Miguel de Dios. 1722. 

House and lands in Santa Fe. Francisco Bueno de Bo- 
horques y Corcuera, Alcalde. 

034 LORENZO TRUXILLO to Pedro Vigil. Santa Fe, 
1724. 

Bancho in La Canada de Santa Cruz. Bohorquez y Cor- 
cuera, Alcalde. 

CAYETANO and AGUSTIN LOBATO to Domingo 
Vigil. Santa Fe, 1727. 

Land in Canada de Santa Cruz. Diego Arias de Quiros, 

Alcalde. 

Shows that Santa Cruz de la Canada was on south side 

of the river; see No. 742 and No. 427. 

1036 JUAN LUJAN to Antonio Velasquez. Santa Fe, 
1730. 

House and lands. Diego Arias de Quiros, Alcalde. 

1037 DIEGO GALLEGOS to the Pueblo of Santo Domingo 
to Miguel Joseph de la Vega y Coca. Santa Fe, 1730. 

One-half interest in a tract of land lying between Santo 
Domingo and Xemes, called San Miguel de la Cruz. Diego 
Arias de Quiros, Alcalde. 

1038 LUIS ROMERO, Picuries Indian. 1732. 

Permission given him to sell a piece of land near Embudo 
to Pedro Montes Vigil. Gervasio Cruzat y Gongora, Gov- 
ernor. 

Petition by Luis Romero, an Indian of the pueblo of 
Picuries, to the governor of New Mexico, asking permis- 
sion to sell a piece of land which he had at a place called 
Embudo. Whether he meant the settlement of that name 
or the stream now called the Embudo river is not clear. 

The petition was presented to Governor Cruzat y Gon- 
gora at Santa Fe on February 17, 1732, and by him re- 
ferred to the Indians of the pueblo of Picuries, in order 
that they might state whether their interests would be 
prejudicially affected by the proposed sale. 

On February 25, 1732, the Indians stated that they de- 
sired the sale to be made; and the heirs of Luis Romero 
consented to it, etc. 



312 THE SPANISH AECHIVES OF NEW MEXICO 

On February 28, 1732, Governor Cruzat y Gongora, in 
view of the statement made by the Indians, granted to 
Romero the permission to make the sale, which, according 
to the governor's statement, Romero wanted to make to 
Pedro Montes Vigil. 

This document is interesting as throwing some light on 
the view entertained at its date as to the right of a Pueblo 
Indian to sell land, although there is nothing in it that 
makes certain the location of the land, which may have 
been at or near the settlement of Embudo, miles distant 
from the Picuries pueblo grant, or at some point on the 
Embudo river, and possibly within the grant. 

1039 JOSEPH DE BIAftO. Santa Fe, 1736. 

Presents petition asking that the grants to Mateo Tru- 
xillo, made by Governor Cubero, situate between the 
leagues of the pueblos of San Ildefonso and Santa Clara 
be measured and land-marks set up. Proceedings in the 
matter, etc. Gervasio Cruzat y Gongora, Governor. 

Petition by Joseph de Riano, asking that the Indians 
of Santa Clara and San Ildefonso be required to produce 
any documents that they might have, showing the extent 
of their holdings, in order that he might know what were 
the boundaries of a grant, lying between the two pueblos, 
which he had bought from one Trujillo, and which had 
not been denned by monuments. 

On March 15, 1736, Governor Cruzat y Gongora di- 
rected General Don Juan Paez Hurtado to measure one 
league from each of the two pueblos in the direction of the 
ranch which Riano had bought, and to put up monuments 
at the proper places. 

On March 17, 1736, General Paez Hurtado, in company 
with Captain Juan Esteban Garcia de Noriega, chief al- 
calde of the district, Captain Domingo Vigil, Francisco 
Gomez, and the natives of the two pueblos, began at the 
corner of the plaza of San Ildefonso and measured 4,600 
varas to the slope of the table-land, and from that point 400 
varas more "of the lands of Baltazar Trujillo (the party 
from whom Riano had purchased) to complete the five 
thousand varas which make the league belonging to said 
pueblo of San Ildefonso." He then proceeded to measure 
the league belonging to the pueblo of Santa Clara, and 
discovered that it was 169 varas less than the full length 
of 5,000 varas, "there remaining to Baltazar Trujillo, be- 









THE SPANISH AECHIVES OF NEW MEXICO 313 

tween the measurements of said pueblos, eighty-four 
varas." 

General Paez Hurtado further states that notwithstand- 
ing he had orders to place monuments to mark the lands 
of the two pueblos he would defer doing so until he had 
reported to the governor what he had already done. 

On March 18, 1736, Governor Cruzat y Gongora, in view 
of the report of Paez Hurtado, decided that nothing new 
should be done in the matter, and that the monuments 
should be left at the points where they were established. 



1040 JOSEPH XAKAMILLO to Leogardo Gallego. Al- 
burquerque, 1734. 

Lands. Geronimo Xaramillo, Alcalde. 

1041 DIEGO DE VELASCO. Grant. 1725. 

Land in the Canada called Cundiyo. Juan Domingo de 
Bustamante, Governor. Revoked in 1738 by Enrique de 
Olavide y Michelena, Governor. 

Petition by Diego de Velasco for a tract of land in the 
Canada of Cundiyo, the boundaries of which were on the 
west a tract called the Potrero, on the east some hills up 
in the canada, on the north the Rio de en Media, on the 
south the river of said place of Cundiyo. 

This petition was presented to Governor Juan Domingo 
de Bustamante on July 14, 1725, and he made the grant 
on condition that it should not be to the prejudice of the 
Indians or that any third party who might have a better 
right, and directed the chief alcalde of Santa Cruz, with 
that understanding, to place the party in possession. 

There is no evidence that the possession was ever given. 

On the 15th day of September, 1738, Governor Hen- 
rique de Olavide y Michelena, being at that date at the 
pueblo of Nambe, on a general inspection tour, attached 
to the foregoing petition and grant his decree abrogating 
the same because of representations made to him by the 
Indians showing that Velasco was causing them great 
damage; that in all the intervening years he had not re- 
ceived juridical possession of the property. 

1042 JUANA DE LOS BIOS to Manuel, Diego, Antonio, and 
Juana Velasquez. Santa Fe, 1739. 

Donation of a tract of land. Antonio Montoya, Alcalde. 



314 THE SPANISH AKCHIVES OF NEW MEXICO 

1043 DOMINGO VALDEZ. Santa Fe, 1742. 

Grant. Entrances and exits. Juan Domingo de Men- 
doza, Governor. Antonio de Hulibarri, Alcalde. 

1044 JOSEPH FRESQUI to Manuel Gregorio Vigil. Santa 
Fe, 1750. 

Land. Juan Joseph Lovato, Alcalde. 

1045 MANUEL VALERIO to Juan Manzanares. 1751. 

Land on the Chama. Juan Joseph Lovato, Alcalde. 

1046 JUAN DE DIOS ROMERO to Francisco Montes Vigil. 
Santa Cruz, 1751. 

Land at San Francisco del Pueblo Quemado. Juan Jo- 
seph Sandoval, Alcalde. 

1047 JOSE DE MEDINA to Juan Bautista Vigil. Chimayo. 
1751. 

Lands. Juan Joseph Sandoval, Alcalde. 

1048 SANTIAGO MARTIN to Felix Valerio. CMmayo, 
1751. 

Land. Juan Joseph Sandoval, Alcalde. 

1049 CLARA DE VILLAREAL, wife of Melchor Rodriguez. 
San Joseph de Garcia. Jurisdiction of Pueblo of Pi- 
curies. 1753. 

Inventory and partition of her estate. Made at request 
of Juan Joseph de Arguello, husband of Joachina Rod- 
riguez, daughter of said Clara de Villareal. Nicolas de 
Ortiz, Alcalde. 

1050 MANUEL VALERIO vs. Lazaro de Atienza. Santa 
Cruz de la Canada. 1753. 

Question of boundaries. Tomas Velez Cachupin, Gov- 
ernor. 

1051 ANTONIO VARELA. 

Grant in Fuenclara. 1754. Tomas Velez Cachupin. 

1052 JOSEPH RAMO DE VERA. Santa Fe, 1753. 

Will. Nicolas Ortiz, Alcalde. 

1053 FRANCISCO MONTES VIGIL. Grant. 1754. 

Reported Claim No. 128, q. v. 



THE SPANISH AECHIVES OF NEW MEXICO 315 

1054 CRISTOBAL VIGIL and Manuel and Joseph Mon- 
toya. 1754. 

Petition for land on the Truchas. No final action taken. 
Tomas Velez Cachupin, Governor. 

1055 JUAN MONTES VIGIL. Santa Fe, 1762. 

Will, inventory, and partition of his estate. Manuel Gal- 
lego, Alcalde. Tomas Velez Cachupin, Governor. 

1056 MARTIN TORRES to Manuel Vigil. Santa Fe, 1762. 

Lands. Manuel Gallego, Alcalde. 

1057 NICOLASA VIGIL. Chama. 1765. 

Will, proceedings, and partition of her estate. Tomas Ve- 
lez Cachupin, Governor. 

1058 JOACHIN GARCIA DE NORIEGA to Salvador and 
Ignacio Vigil. 

Land in Canada de Santa Cruz. 1766. Manuel Garcia 
Pare j a, Alcalde. 

1059 DIEGO MANUEL BACA and Joaquin Valencia. 
Santa Fe, 1772. 

Exchange of real property in said city. Manuel Garcia 
Pare j a, Alcalde. 

1060 MANUEL MONTES VIGIL, alcalde of Taos, 1780. 

Proceedings in the settlement of his estate. Juan Bau- 
tista de Anza, Governor. 

1061 MARINA DE JESUS BACA. 

Will. Santa Fe. 1784. Jose Sandoval ; Salvador Ribera ; 
Juan de Abrego. 

1062 JOSEPH MANUEL VELARDE and 18 Families. 

Petition to settle at Ojo Calient e. No final action. Fer- 
nando Chacon, Governor. 

1063 PEDRO VIAL (el Frances). 

Will and inventory of his estate. Santa Fe, 1814. Jose 
Antonio Alarid, Sargento. Francisco Ortiz, Alcalde. 

Pedro Vial was a Frenchman and took an important 
part in some of the affairs of the Province. He died at 
Santa Fe, and his remains were buried in the Castrense 
church; he was a bachelor, without any relatives in this 



316 THE SPANISH AECHIVES OF NEW MEXICO 

country ; he left as his heir, Maria Manuela Martin. From 
his will, it appears that at times he practiced medicine. 
He died in 1814. He served as an interpreter to the 
Comanche Indians for many years. 

1064 JOSE ANTONIO VALVEEDE and others. 

Petition for lands known as the Rancho de la Xemes near 
Vdllecito, 1815. The parties were put in possession by 
Ignacio Sanchez Vergara, Alcalde, but the Governor, 
Maynez, declared his action void because of error in the 
proceedings. 

1065 IGNACIO MAEIA SANCHEZ YEEGAEA. 

Petition for land between the pueblos of Santo Domingo 
and San Felipe. 1824. Referred to the Provincial Depu- 
tation. Bartolome Baca, Governor. 

1066 SANTIAGO SALAZAE vs. Miguel Velarde. 

Question of lands at Abiquiu. 1825. 

1067 JOSEPH SEDANO vs. Juan Lorenzo Medina. Santa 
Fe, 1731. 

Question of title to house and lot. Francisco Bueno Bo- 
horques y Corcuera, Alcalde. 

1068 ANTONIO GONZALES DE LA EOSA to Jose Sa- 
morra. Santa Rosalia del Vallecito. Jurisdiction de 
San Geronimo de Taos. 1763. 

Land. Pedro Antonio Martin, Alcalde. 

1069 JUAN ANTONIO FEESQUI to Jose Samorra. San- 
ta Rosalia del Vallecito. 1763. 

Land. Pedro Antonio Martin, Alcalde. 

1070 JOSE SANCHEZ to Joseph Samorra. Santa Rosalia 
del Vallecito. 1763. 

Pedro Antonio Martin, Alcalde. 

1071 MADALENA DE OGAMA vs. Eamon Garcia Jurado. 
Santa Fe, 1703. 

Question of title to land. El Marques de la Nava Bra- 
zinas. 

1072 ANTONIO GODINES and MAEIA DOMINGUEZ 
DE MENDOZA, his wife, to Nicolas Ortiz Nino Ladron 
de Guebarra. Santa Fe, 1714. 



THE SPANISH AECHIVES OF NEW MEXICO 317 

House and land. Francisco Bueno Bohorques y Corcuera, 

Alcalde. 

Describes a house situate "en la calle real q ba de la 

plaza a la Tglesia Nueba q se esta fabricando on the 

main street which goes from the plaza to the new church 

which is being built" (1714). 

1073 NICOLAS ORTIZ NISTO LADRON DE GUEVARA. 
Santa Fe, 1714. 

Possession given of the said property. 

1074 PEDRO MONTES DE OCA to Nicolas Ortiz Nino La- 
dron de Guebara. Santa Fe, 1714. 

House and land. Diego Arias de Quiros, Alcalde. No. 
1072 and 1073, q. v. 

Describes a house situate "en la calle real esta Villa 
que ba a la Tglesia Nueba que seesta haziendo." De- 
cember 6, 1714. 

1075 JOSEPHA MARTIN to Antonio Olguin. Santa Fe, 
1719. 

House and Land. Francisco Bueno de Bohorques y Cor- 
cuera, Alcalde. 

1076 JOSEPHA DE ONTIVEROS vs. Pascuala de Con- 
cepcion. Villa Nueva de Santa Cruz. 1731. 

Question of title to a grant of land. Domingo Vigil, Al- 
calde. Juan Domingo de Bustamante, Governor. 

1077 JOSEPHA DE ONTIVEROS. Villa Nueva de Santa 
Cruz. 

Grant, 1735. Manuel de la Rosa, Francisco de Baldes, 
Juan Andres Gonzales, Juan Feliz Bustillos. Made by 
Juan Paez Hurtado, Acting Governor. Revoked by Cru- 
zat, Governor. 

1078 NICOLAS ORTIZ NIftO LADRON DE GUEVARA. 
1742. 

Reported Claim No. 63, q. v. Caja del Rio. 

Caja del Rio Grant. Reported No. 63. There is a 
small conflict with the grant to the pueblo of Cochiti. 
When the decree of confirmation was entered by the court 
of private land claims and a new survey had been made 
it was found that the conflict had materially increased. 
The grant was patented February 20, 1897. 



318 THE SPANISH AECHIVES OF NEW MEXICO 

1079 NICOLAS OETIZ NISTO LADRON DE GUEVARA 
vs. Juan Estevan Garcia de Noriega. 

Trespass. Santa Fe, 1754. Don Tomas Velez Cachupin, 
Governor. Gregorio Garduno, Pedro Sotero, Juan Do- 
mingo Lovato, Bernardo de Miera y Pacheco. Antonio 
de Ulibarri, Alcalde. Juan Joseph Lobato, Procurador. 
Juan Jose Jaques, Tomas de Alvear y Collado, Joseph 
Miguel Garduno. 

This tract was granted to Nicolas Ortiz Nino Ladron 
de Guevara, May 13, 1742, by Gaspar Domingo de 
Mendosa, as a reward for services performed as a soldier 
in the reconquest and pacification of the country in 1692- 
96. 

When the son of this reconquistador died on August 2, 
1810, whose name was also Nicolas Ortiz Nino Ladron de 
Guevara, other than his interest in the Caja del Rio 
Grant, he left a house of seven rooms and five hundred 
varas of land. His wife was Maria Alberta Maes, and 
they left one son, Francisco Xavier Ortiz, who at his 
death left the following: Antonio Jose Ortiz; Juan An- 
tonio Ortiz ; the latter deceased and leaving as heirs, Bel- 
en Ortiz, wife of Jose Abeytia; and Jose Matias Ortiz; 
the last named left Damacio Ortiz and Ramon Ortiz and 
Dionicio Ortiz, who married Reyes Tenorio. There were 
many other heirs, including Miguel Baca y Ortiz, Faus- 
tina Baca, Pablo Baca, Severiano Baca, Dolores Baca, and 
Justo Baca, children of Guadalupe Ortiz. 

The original Nicolas Ortiz Nino Ladron de Guevara 
made his will September 17, 1742, in which he states 
that he was married to Juana Baca and had three chil- 
dren, Francisco Ortiz, Nicolas Ortiz and Toribio Ortiz. 
This will is archive 647. In his petition for the grant he 
states that it is now "forty-nine years since I came with 
my parents to the reconquest and pacification of this said 
province as a settler therein, sent by the most excellent 
Viceroy, the Conde de Galve, which dignitary promised 
to supply us with land to cultivate and live upon by the 
authority of the King himself, which land has not been 
given me because I was engaged and occupied with all the 
campaigns and incursions that have taken place from that 
to the present time, without causing any cost to His Ma- 
jesty for a load of powder which I furnished at my own 
expense as well as all kinds of arms and horses, as appears 
from the documents which I hold in my favor from my 
superiors. ' ' 



THE SPANISH AECHIVES OF NEW MEXICO 319 

The boundaries in the grant are described: "On the 
east the wide Canada ; on the west the Rio del Norte ; on 
the north the point of the mesa situated in the Caja del 
Rio, and on the south the drainage (virtirtiente) of 
Santa Cruz. The land lies below the Indian pueblo of San 
Ildefonso. The Indians of San Ildefonso made no objec- 
tion to the making of the grant. Nicolas Ortiz was known 
as "Chino" Ortiz. The heirs of Nicolas Ortiz were com- 
pelled to abandon this grant in 1818 on account of raids 
made by the Navajo Indians. 

80 LIST of SETTLERS in the New Town of San An- 
tonio de MORA. No date. No signatures. List con- 
tains 36 names. List of Settlers de la Plaza de Santa 
Getrudis; del Voile de Aba jo contains 34 names. Also 
list of the Pobladores que han dehado sus posssesiones 
y se han salido. Contains 6 names. 

JL081 NEMESIO SALCEDO of Chihuahua to the Acting 
Governor of New Mexico, 1809 to 1810. 

Two letters relating to a piece of land distant seven 
leagues from Santa Fe, of which possession is claimed by 
Nicolas Ortiz. This action is taken on account of a peti- 
tion presented by Francisco Ortiz. The land is spoken of 
as San Marcos. The petition is not granted and said Or- 
tiz and Manuel Delgado were forbidden to put their stock 
on said land, but it was expressly reserved for the poor of 
Santa Fe. Reference is here made to the pasture lands 
of Galisteo and to those of El Arco. 

Reported Claim No. 63, q. v. Caja del Rio. No. 1078, 
1079, 1271, q. v. 

082 EOYAL DECREE giving equal rights to all Ameri- 
cans and Indians in Spanish America. 1811. Pub- 
lished and ordered to be promulgated in Chihuahua in 
1821, by Alejo Garcia Conde, Governor, etc. 

Copy, made at Chihuahua on February 20, 1821, of a 
decree of the Cortes, dated on February 9, 1811, confer- 
ring certain rights on the citizens of the Spanish do- 
minions in America, including both Spaniards and In- 
dians. These rights were the following: 

1st. The right of being represented in the Cortes on 
the same footing as the inhabitants of Spain. 

2d. The right of planting and cultivating all the land 



320 THE SPANISH AECHIVES OF NEW MEXICO 

which their ability and circumstances permitted them to 
do. 

3d. The right of eligibility to all public offices and em- 
ployments in the ecclesiastical, civil, and military branches 
of the service. 

This copy is signed by Alejo Garcia Conde, governor, 
commandant general, and superior civil chief of the In- 
ternal Provinces of the West, of New Spain. 

1083 NUESTEA SEROEA DE LA LUZ SAN FEENANDO 
Y SAN BLAS del Eio Puerco. 1770. 

Question of boundaries with Antonio Baca. Don Pedro 
Fermin de Mendinueta, Governor. Carlos Mirabal, Al- 
calde. Pajarito and Atrisco Grant, q. v. 

1084 INVENTAEIO DE DILIGENCIAS fechas por mi Don 
Joseph de Bustamante Tagle, alcalde mayor de la 
Capital Villa de Santa Fe, desde el ano de quarenta y 
nuebe, hasta el presente, de mil septecientos cincuenta 
y dos y son las siguientes : 

Escritura de venta por el Sindico, Bernardino de Sena, 
to Don Francisco Ortiz, 1750. 

Maria de la Candelaria Gonzales. Will. 1750. 

Antonio Dominguez to Phelipe Gardufio, 1750. 

Julian Rael to Francisco Trujillo. 1750. 

Micaela Vasquez, heirs of. Partition of lands. 1750. 

Maria de Roibal and Josef de Riano, her son. Parti- 
tion of lands. 1750. 

Juan Tomas Lobato to Pedro Antonio Truxillo. 1750. 

Title deed in favor of Miguel Laso de la Vega. 

Manuel Thenorio (de Alva). 

Juan Montes Vigil. 

There was a grant, Reported No. 38, known as the 
" Ramon Vigil." This grant is west of the Rio Grande 
and on the north for a short distance adjoins the San 
Ildefonso Pueblo Grant. The grant was confirmed June 
21, I860, and was patented, April 9, 1908. 

Santiago de Roibal. 

Ignacio de Roibal. 

Miguel Dominguez, Destierro, 1750. 

Francisco de Anaya to Theresa Thenorio. 1751. 

Manuel de Beitia to Salvador Casillas. 1751. 

Domingo de Benavides to Antonio Dominguez. 1751. 

Manuel Vaca to Josepha Montoya. 1751. 




DON JUAN ANTONIO DE VIZARRON Y EGUIARRETA 
Viceroy of Mexico, 1734-40 



THE SPANISH AKCHIVES OP NEW MEXICO 321 

Phelipe Nerio Sisneros to Manuel Gallegos. 1751. 
Isidro Montoya, Carta Segura in favor of his minors, on 
account of the death of Manuela Silva. 1751. 

Sebastian de Vargas to Antonio Duran de Armijo. 1751. 

Antonio Tafoya to Luis Febro. 1751. 

Phelipe Rodriguez to Manuel Lopez. 1751. 

Manuel Trujillo, heirs of; partition of estate. 1751. 

Juana Sisneros to Juan de Chaves. 1751. 

Andres Montoya to Francisco Nieto. 1751. 

Juan Antonio Flores to Nicolas Moran. 1751. 

Jose Bomo de Vera to Maria Francisca de Sena. 1751. 

Catalina Duran. Inventory of her estate. 1751. 

Cayetano Pasote. Cause against. 1751. 

Joseph Romo. Embargo and other proceedings. 1751. 

Maria Diega Garduno. Inventory of her estate. 1751. 

Miguel de la Vega de Coca. Will and inventory. 1751. 

Deed in favor of Santiago de Roybal. 1752. 

Marcial Samora to Melchora de Sandoval. 1752. 

Tomas Holguin to Cristobal Madrid. 1752. 

Juan Geronimo de Samano. Will and inventory. 1752. 

Geronimo de Ortega. Proceedings in the matter of his 

Minors, 1752. 

1085 MANUEL AEMIJO, Political Chief. 

Correspondence relating to the palace. 1827. 

Two letters from Manuel Armijo, jefe politico, to Don 
Agustin Duran, comisario substitute, relative to the occu- 
pation of the "Palace" by Colonel Narbona. 

|L086 PEOPLE of SANTO DOMINGO DE CUNDIYO. 

Petition for the establishment of a church. 1754. Not 
granted. Tomas Velez Cachupin, Governor. 

1087 JUAN DE ORATE. Honorary Title, etc. Copy. 1761. 
"Don Felipe, by the grace of God, King of Castile, of 
Aragon, of the Sicilies, of Jerusalem, of Portugal, of 
Granada, of Toledo, of Valencia, of Galecia, Mayoria, Sev- 
illa, of Yerdina, Cordova, Coreega, Murrisa, Jaen, Algar- 
bes, of Algesira Gibraltar, Canary Islands, East and 
West Indies, Islands, and Tierra Firma of the Ocean, 
Arch-duque of Austria, Duque of Borgora and Milan, 
Count of Traspur Flanders, and Tirol, of Barcelona, 
Lord of Viscaya and Molisa, etc., etc. 

"Whereas, the viceroy, Don Louis of Velasco, by vir- 
tue of a decree of the King, my Lord may he live in 
glory entered in to an agreement and capitulation with 



322 THE SPANISH AECHIVES OF NEW MEXICO 

Don Juan de Onate, relative to the discovery, pacifica- 
tion and settlement of the provinces of New Mexico, 
which is in New Spain, and among other things he grant- 
ed to him what is contained in one of the chapters or in- 
structions of new discoveries and settlements of the In- 
dies, which is as follows : ' To those who bind themselves 
to form said settlements, and shall have done the same, 
and shall have complied with the agreement, in honor of 
their own persons and their descendants and of them as 
first settlers, laudable memory may remain, we make 
them and their legitimate descendants Hijosdalgos of the 
lands owned by them, in order that in the settlement es- 
tablished by them, and in any other part of the Indies 
they may be Hijosdalgos and persons of noble lineage 
and Lord paramount, and as such they shall be known 
held and considered, and enjoy all the honors and pre- 
eminences, and may do all things that noblemen and 
gentlemen of the Kingdom of Castile can do, according 
to the privileges, laws and customs of Spain, should or 
ought to do and enjoy. And in behalf of the said Juan 
de Onate, I have been requested to grant him the grace 
to command him to approve, notwithstanding the modera- 
tion which the Duque of Monterey used relative thereto, 
and published by him, my Council of the Indies, I have 
thought proper that the said prerogatives should be un- 
derstood to continue during the time occupied in said 
conquest, for five years, and if the said conquerors should 
terminate the conquest thereof before the expiration of the 
five years, they, their sons, and descendants shall enjoy 
the said prerogatives as herein set forth. And I do here- 
by command that all who may have gone and shall go on 
the said conquest, pacification and settlement, according 
to, and in conformity with, the provisions of the said 
chapter, and shall continue in the conquest for five years ; 
and those who shall prosecute the same who should die 
before the expiration of five years, there shall be reserved 
and secured unto their sons and descendants all the pre- ( 
eminences and prerogatives, exemptions, and liberties as 1 
aforesaid in conformity to, and as is granted and con- 
ferred upon them in the said chapter, entirely and com- 
pletely, failing in nothing, and charge the Infantes, Pre- 
lates, Duques, Marquises, Counts, Nobles, Subjects and 
Priors of Royal Orders, Prefects, Alcaldes of the Castiles, 
houses surounded with a moat, and country houses (casas 
fuertes y lanas), and those of my Councils, Presidents, 



THE SPANISH AKCHIVES OF NEW MEXICO 323 

Judges, Alcaldes and High Constables of my household 
and court, and chancery, to my Viceroys and Governors, 
and to all of my authorities and Judges, as well as those 
of the Indies and Tierra Firma of the Ocean, and other 
persons of whatever condition or quality, to observe and 
comply, and to have obeyed and executed this my fran- 
chise and grace, confirmed to the aforesaid, without re- 
stricting or increasing nor consent to any infraction of 
the contents of this my determination, which I desire and 
it is my will that it shall have the force of law as though 
it had been decreed and promulgated in court, and it be 
published in all proper parts and places. 

" 'Given at San Lorenzo, on the 8th day of July, 1602. 

(Signed) " 'I, THE KING 

"Laguna, Armenteros, Doc. Eugenio de Salazar, Bena- 
bente de Venavides, Louis de Salcedo. By order of the 
King, my Lord. Juan de Ibarra. Recorded, Gabriel de 
Ochoa, Chancellor, Sebastian de la Vega. 

"ACT OF AUDIENCE 

"In the City of Mexico, June 20, 1604, the President 
and Judge of the Royal Audience of New Spain being 
present at the session, also the Mariscal de Campo, Vicente 
de Saldivar, presented the Royal decree governing to the 
opposite party and asked that it be compiled with; and 
being seen by the said Audience, they obeyed the same 
with all reverence and respects, and replied that it should 
be observed and complied with, and executed in all its 
parts as His Majesty commanded ; and this it was record- 
ed as their act, and they approved the same by placing 
their rubric thereto in my presence. 

(Signed) "CRISTOBAL OROSIO." 

1088 PROCLAMATION requiring Obedience to the new 
Spanish Constitution of 1820. 

Letter from Facundo Melgares, Governor. 

1089 DOCUMENT relating to Military Matters. 

1090 JOSE EAMON ALARID. 

Grant. 1824. At a place called El Cerrito. Cuatro 
lab ores que estan inmediatos a la labor de la Cuesta. 
Grant made by the Deputacion Provincial. The grantees 
are: Jose Ramon Aland, Roman Garcia, Julian Garcia, 
Severiano Sanchez, Juan Ignacio Rodriguez, Jose Tenorio, 



324 THE SPANISH AECHIVES OF NEW MEXICO 

Alejandro Sais, Juan Cristobal Garcia, Isidro Flores, 
Pablo Borrego, Francisco Salas, Jose Rodriguez, Benito 
Urtado, Eusebio Garcia. 

This document purports to be a copy of the original 
certified by Francisco Lopez, probate judge of San 
Miguel county, and dated March 12, 1855. 

1091 LIST of GOVERNORS of New Mexico from 1770 to 
1840. 

1092 REPAIRS on Barracks, Santa Fe, 1810. 

1093 REPAIRS ON OLD PALACE, 1841. 

1094 DOCUMENT (Imperfect) relating to property in the 
hands of Officials. No date. 

1095 LIST of Heads of Families in seventh demarcation, 
San Miguel county, August 3, 1855. 

1096 JUAN DE DIOS MAESE and Others. 

Grant at Las Vegas. 1835. Certified copy by Francisco 
Lopez, Probate Judge of San Miguel County. 1855. 

1097 INVENTORY of PAPERS of ARCHIVES in the Of- 
fice of the Secretary of Government and War, 1715. 
Fourteen pages. Very interesting. 

1098 EL MARQUfiS DE ALTAMIRA, Mexico. 1750. 

Relating to re-settlement of the country north and north- 
west of Santa Fe. Don Tomas Velez Cachupin, Governor. 

1099 PEDRO DE NAVA, Chihuahua, 1798. 

Relating to soldiery. 

1100 PROCEEDINGS and Order in Relation to the re-set- 
tlement of Abiquiu. 1750. 

Tomas Velez Cachupin, Governor. 

1101 MINING REGULATIONS, 1795. Pedro de Nava. 
Manuel Merino. 

1102 PAPERS relating to the PALACE, Santa Fe, 1827. 

Correspondence relative to the "Palace." 






THE SPANISH ARCHIVES OP NEW MEXICO 325 

1103 TIEREA AMARILLA GRANT, 1832. 

Report of Committee of Territorial Deputation in relation 
to the same. Martinez, Tenorio, Ortiz. 

1104 SETTLEMENT OF LANDS desired by the govern- 
ment. 

Circular letter on this subject to the Alcaldes of the Ter- 
ritory. Santa Fe, 1815. Alberto Maynez. Socorro is 
mentioned. 

The laws of the Indies relative to towns and communities 
are quite interesting and give some light on how these 
municipalities were founded and governed. 

The governors and captains-general had the power to 
appoint in the cities or towns in their districts lieutenants ; 
these bore the title of lieutenant-governor. 

Contracts were made with individuals for the founding 
of towns; if the locality where the proposed town was to 
be built was found suitable for Spaniards, with a council 
of alcaldes of ordinary jurisdiction and aldermen, and a 
person desired to found a town, then he was obliged to 
make a contract conditioned "that within the term which 
shall be fixed for him, he have at least thirty persons, and 
each one of them a house, ten breeding cows, four oxen, 
or two oxen and two yearlings, one brood mare, one breed- 
ing sow, twenty Castilian breeding ewes, and six hens and 
one cock; he shall also appoint a priest to administer the 
Holy Sacraments, who shall be chosen by him the first 
time and thereafter shall be subject to our Royal Patron- 
age ; and he shall provide the church with the ornaments 
and articles for divine worship, and he shall give bond 
to comply therewith within said time ; and if he does not 
comply therewith he shall lose all that he may have built, 
cultivated or earned, which we will apply to our Royal 
Patrimony, and he shall also incur the penalty of one 
thousand dollars in gold for our Chamber ; and if he com- 
plies with his obligation, four leagues in boundary and 
territory, in a square or oblong, according to the quality 
of the land, may be given him, in such manner that, if it 
be surveyed, the four leagues be in a square, with the con- 
dition that the boundaries of said territory be at least five 
leagues distant from any city, town or place of Spaniards 
previously settled, and that it cause no prejudice to any 
Indian town or private person." 

The children and relatives of settlers also were to be 
considered as settlers under certain conditions ; 



326 THE SPANISH AECHIVES OF NEW MEXICO 

they have distinct and separate houses and families and 
are married." 

The person who undertook to found a city was com- 
pelled to make contracts with each individual settler and 
in doing so the contractor obligated himself to give, in 
the town designated, lots for building purposes, pasture 
and farming lands to the extent of as many peonias and 
caballerias as each one of the settlers shall obligate him- 
self to build upon ; provided, it did not exceed more than 
five peonias or more than three caballerias for each settler, 
according to the distinction, difference, and measurement 
prescribed in the laws of the title on the distribution of 
lands, lots, and waters. 

A caballeria consisted of 105.75 acres of land. 

The person contracting to make a new settlement of a 
town, city, or colony secured the civil and criminal juris- 
diction, in the first instance, for the days of his life and 
for those of a son or heir; he also received authority to 
appoint alcaldes of ordinary jurisdiction, aldermen, and 
other officers of the council of the town ; and in cases ap- 
pealed the causes went before a chief alcalde, or the 
audiencia in the district wherein the settlement or town 
was made. 

Viceroys, audiencias, and governors had no authority to 
grant city or town titles. See book iv, title viii, law 
vi, Laws of the Indies. "We order that, for no cause or 
reason, the Viceroys, Audiencias, Governors, or any other 
officers of the Indies, however high they may be, give city 
or town titles to any of the towns or places of Spaniards 
or Indians, and that they do not exempt them from the 
jurisdiction of their principal provincial capitals; with 
the understanding that they will be held responsible at 
their places of residence, because this favor and power 
must be asked of our Council of the Indies, and we de- 
clare as void the titles which, in contravention of the con- 
tents of this law, shall be given to any towns or places; 
and in regard to new towns or settlements, the provisions 
of law shall be observed. ' ' 

1105 EELATING to a House belonging to the Government 
in Santa Fe. 1733. 

Cruzat y Gongora, Governor. Antonio de Ulibarri, Al- 
calde. 



THE SPANISH AECHIVES OF NEW MEXICO 327 

1106 MUNICIPAL OEDINANCES for the Cities and 
Towns of New Mexico prescribed by the Departmental 
Assembly, 1846. 

1107 PRINTED COPY of the Colonization Law of 1823. 

1108 TEINIDAD BAECELO. 

Letter to the government in relation to mining matters, 
1846. 

1109 TRANSLATION of a newspaper article on New 
Mexico. 

1110 COMMISSIONS of the Captains-General of New 
Mexico, 1713-1715. 

1111 LIST of Heads of Families in the llth demarcation 
of San Miguel county, 1855. 

1112 IGNACIO SANCHEZ VEEGAEA, 1813. 

Asks whether an Indian may sell land acquired by pur- 
chase. No final action by Governor. Jose Manrique, 
Governor. 

Letter from Ignacio Sanchez Vergara to Lieutenant-Col- 
onel Jose Manrique, governor of New Mexico, stating that 
an Indian woman, who was a native of the pueblo of Zia, 
had negotiated a sale of a piece of land which she owned 
at San Isidro, and which her husband, then deceased, had 
bought of a citizen of that place; that the party who 
proposed to buy the land from her was willing that the 
woman should name an appraiser, and he desired that 
the value of the land be fixed so that he could pay for it ; 
that in view of the fact that the owner of the land was an 
Indian, Sanchez (who was probably an alcalde at that 
time) thought it necessary to lay the matter before the 
governor in order that the latter might direct him how 
to proceed in the premises. 

Immediately following the letter, and on the same sheet 
(as was the custom at that date 1813), is a rough draft 
of the governor's reply. He informs Sanchez that no ac- 
tion could be taken in the matter until the future decision 
of the governor. 

1113 S. W. KEAENY, Brigadier General. 

Proclamation, 1846. 






328 THE SPANISH AECHIVES OF NEW MEXICO 

1114 SAN CARLOS, New settlement of, on the Nepeste 
Eiver (Arkansas). 

Official letter in relation thereto from Jacobo Ugarte y 
Loyola, dated Arispe, January 22, 1788, to Fernando de 
la Concha, Governor. 

This is a report to Governor Fernando de la Concha 
relative to a settlement on the Nepeste (Arkansas) by the 
Cumanche Lieutenant-General Paruanarimuco. January 
22, 1788. 

Refers to the establishment of a town on the Arkansas 
river composed of Cumanches, who had been aided by the 
Spaniards in making a permanent settlement there. 

1115 RELATING to the disposition of the fees received by 
the alcaldes for giving possession of lands. 

1116 SETTLEMENT of TECOLOTE. 1838. 

Proceedings, etc. Also list of names and quantity of land 
given to each settler. 

1117 PEDRO DE CHAVES, Alcalde de San Agustin de 
Isleta. 1714. 

Acknowledgement of receipt of an order from the Gover- 
nor. 

It is stated that there were no " estufas" or subter- 
ranean rooms in the pueblo of Isleta. 

1118 RELATING to the Removal of the Capitol to a place 
between Santo Domingo and Cocliitl, etc. 

Galindo Navarro, Arispe, 1781. Antonio Bonilla. 

1119 ALAMEDA. 

Question of boundaries between the Garcias and the 
Tafoyas. Settled by a suit of conciliation, 1827. 

Jose Alejandro Santistievan, Alcalde. Manuel Armijo 
Governor. 

1120 ROYAL ORDERS. Copies received in New Mexico, 
1813. Fernando VII and Cortes. 

1121 RELATING to the Old Palace in Santa Fe. 

Manuel Armijo, Governor. 

1122 VENTURA DE MESTAS and ANTONIO DE MES- 
TAS. 1767. 



THE SPANISH AECHIVES OF NEW MEXICO 329 

Compromise in the matter of the partition of their lands 
in Chama. Francisco Guerrero, Alcalde. Tomas Velez 
Cachupin, Governor. Manuel Garcia Pareja, Alcalde. 

1123 SAN MIGUEL DEL BADO. Ayuntamiento. 

Communication in relation to the establishment of a town 
in a proper place to afford a defense against hostile In- 
dians. 1832. 

The members of the ayuntamiento of San Miguel del 
Bado ( Vado) February 8, 1832, were : Jose Ulibarri, presi- 
dente; Vicente Ribera, first alderman; Vicente Romero, 
second alderman; Juan Estevan Sena, third alderman; 
Matias, fourth alderman; Jose Miguel Sanchez, secretary. 

1124 NEW MEXICO: Boundaries of. 

Order of the Viceroy to establish the same. Mexico, 1682. 

1125 DEPARTMENTAL ASSEMBLY from January, 
1846, to February 12, 1846. 

Grant of land made to petitioners at place called Chaper- 
ito. 

1126 PRINTED COPY of Colonization law of August 18th, 
1824. 

1127 PEINTED COPY of law relating to the examination 
of surveyors. Mexico, 1834. 

1128 FRANCISCO G. CONDE. 1845. 

Letter to the Governor of the Department in relation to the 
settlements made by foreigners on the frontier. 

1129 ABIQUIU, CHAMA, and SOLEDAD. 

Re-settlement of said places. 1751. El Conde de Revilla- 
gigedo, Viceroy. Joseph de Gorraez, Asesor. 

1130 JUAN ARMIJO, Alcalde. 1821. 

Religious question. 

1131 JOSE FRANCISCO SENA. Galisteo. 1844. 

Pasturage of sheep in the common lands of Galisteo. Not 
permitted. 

1132 MANUEL ALVAREZ. 

Petition for naturalization. 1825. 



332 THE SPANISH AECHIVES OF NEW MEXICO 

Isabel Gonzales, widow of Juan de Archuleta. Grant of 
a rancho in the jurisdiction of La Canada, formerly be- 
longing to Pedro de la Cruz, made by the Marquez de la 
Nava de Brazinas to Manuel Vallejo, on April 6, 1695. 
This was sold by the said Vallejo to Isabel Gonzales. 

Also a grant made to Tomas de Tegeda of a 

tract of land formerly belonging to Alonzo del Rio, granted 
on April 6, 1695. Sold to Isabella Gonzales. 

Also grant made to Juan de Archuleta, husband of Isa- 
bel Gonzales, by Don Pedro Rodriguez Cubero on June 12, 
1698, being a rancho of eight fanegas of wheat land adjoin- 
ing the lands of the pueblo of San Juan. 

Cristobal de Torres, ensign. Grant of lands on the Rio 
del Norte adjoining the Pajarito Tract, made by the Mar- 
ques de la Nava de Brazinas on May 15, 1695, and a rati- 
fication of the same by the Marques de la Penuela on 
August 11, 1711. 

Also a grant made by Don Pedro Rodriguez Cubero on 
January 22, 1699, of a tract of land on the Rio del Norte, 
formerly belonging to Sargento Mayor Ambrosio Saenz. 

Baltazar Trujillo. Grant of four fanegas of land that 
formerly belonging to the widow of Archuleta, in the val- 
ley of Taos. Made by Don Pedro Rodriguez Cubero, Sep- 
tember 19, 1702. 

Cristobal Jaramillo, ensign. Resident of Alburquerque. 
Petition that possession be given him of a house and lands 
that formerly belonged to Dona Luisa Trujillo. Possession 
given February 20, 1706. 

Antonio Barela. Petition on August 10, 1707, to Captain 
Martin Hurtado, chief alcalde of Alburquerque, ask- 
ing that possession be given him of the lands that were 
given him at the time that said town was settled. Possession 
was given by the alcalde. 

Juan de Archuleta. Grant made by Don Pedro Rodri- 
guez Cubero on February 27, 1699, of half a fanega of ag- 
ricultural land at Santa Fe, the boundaries being the lands 
of "Old" Lucero, Miguel Moran, Pedro Lujan, and Maria 
de la Encarnacion. 

Juan Paez Hurtado. Grant by Don Diego de Vargas 
Zapata Lujan Ponce de Leon, on March 3, 1704, of the 
surplus lands between the pueblos of Pojoaque and Nambe, 
bounded by the lands of Juan and Carlos Lopez. 

Baltazar Romero. Grant by the Marquez de la Penuela 
on September 15, 1707, of house and lands formerly be- 
longing to Dona Isabel Holguin. Salvador Martinez had 
an interest in the irrigable lands. 



THE SPANISH AECHIVES OF NEW MEXICO 333 



Juan Gonzales, captain. Resident of Bernalillo. Grant 
made to Maria Barbara Lujan by the Marques de la Nava 
de Brazinas on March 21, 1696, of a tract of land on the 
Rio del Norte, said land having belonged to Estevan Barba, 
he having purchased the same before the revolution. 

Also a grant of the pueblo of Puara, made December 31, 
1711. Also a confirmation of the grant of the deserted 
pueblo of Alameda, made by Don Juan Ignacio Flores Mo- 
gollon, said confirmation being made in view of the land 
having been given or sold to him by Francisco Montes 
Vigil, to whom it had been granted by the Marque's de la 
Penuela. 

Cristobal Barela. Resident of Bernalillo. Grant at the 
town of Alburquerque of a tract of land granted to him by 
Captain Martin Hurtado, chief alcalde, bounded on the 
west by the Rio del Norte, south by lands of Lorenzo Car- 
bajal, and north by lands of Antonio Gutierrez. 

Pedro Lopez. Grant of a tract of land on the Rio del 
Norte called San Nicolas opposite the agricultural lands of 
Atrisco and on the edge of the Esteros de Mexia. Granted 
by Don Diego de Vargas on March 4, 1695. Also a con- 
firmation of the same by Don Pedro Rodriguez Cubero on 
August 26, 1698. 

Sebastian Gonzales. Grant of two fanegas of wheat land 
up the river from Santa Fe, by the Marques de la Nava de 
Brazinas on January 18, 1704. Also a grant of a piece of 
land of half a fanega by the Marques de la Nava de Bra- 
zinas on March 12, 1695. Confirmation of the same by the 
Marques de la Penuela, August 27, 1707. 

Melchora de los Reyes. Grant of lands in the Canada 
to her husband, Luis Martin, by Don Pedro 
Rodriguez Cubero, on June 25, 1700. Also a grant in the 
Canada ... by the Marques de la Penuela on 
December 23, 1711. Confirmation of the same by the Mar- 
ques de la Penuela, May 4, 1712. 

Luis Garcia. Grant of a tract of land called San An- 
tonio, on the Rio del Norte, formerly the property of his 
grandfather, to the maestro de campo, Alonzo Garcia, by 
the Marques de la Penuela, August 30, 1704. 

Pedro Montes Vigil. Grant of lands on the Tesuque 
river above the rancho of the Gomez, by Don Juan Ignacio 
Flores Mogollon. November 10, 1713. 

Jacinto Sanchez, captain. Grant in the jurisdiction of 
the new town of Santa Cruz, made to Silvestre Pacheco on 
March 3, 1704, by the Marques de la Nava de Brazinas. 

Juan Garcia de las Rivas, captain. Grant of three 



334 THE SPANISH AKCHIVES OF NEW MEXICO 

fan egos of corn land on the other side of the Rio de Santa 
Fe, made to Captain Miguel Garcia, his father, by Don 
Pedro Rodriguez Cubero. Also grant of the abandoned 
pueblo of San Marcos, by the Marques de la Penuela on 
February 12, 1712. 

Simon Nieto. Grant of a tract of land one league from 
the pueblo of Galisteo, made to his father, Cristobal Nieto, 
by Don Pedro Rodriguez Cubero, on January 20, 1700. 

Luis Lopez. Grant of lands in the Canada de CKimayo 
adjoining the lands of Francisco Martin, made on Decem- 
ber 10, 1706, by Don Francisco Cuerbo y Valdez. 

Maria de Tapia, a widow. Grant of lands on the other 
side of the Rio de Santa Fe, formerly belonging to Fer- 
nando Martin, by Don Pedro Rodriguez Cubero, on Jan- 
uary 30, 1702. 

Jose Manuel Giltomey. Grant of uncultivated lands on 
the other side of the Rio de Santa Fe, by Don Francisco 
Cuerbo, August 27, 1706. 

Alejo Martin. Resident of Santa Cruz. Donation of a 
rancho made to himself and his brothers, Antonio and 
Maria Martin, by Captain Luis Martin, on July 19, 1700. 

Also partition of lands made by Juan Arguello on Oc- 
tober 5, 1704, before Captain Nicolas Ortiz, chief al- 
calde of the Villa- Nueva. 

Petition of himself and Felipe de Aratia to the Mar- 
ques de la Penuela on account of a suit and claim of An- 
tonio and Fernando Martin. 

Donation of a piece of land at the rancho which he 
owns on the Rio del Norte above the pueblo of San Juan, 
dated June 12, 1712. 

Petition to the Marques de la Penuela praying that 
Juan Roque Gutierrez, chief alcalde of La Canada, be 
directed to give possession to the persons to whom Captain 
Sebastian Martin has made donation of the land. 

Order in which said alcalde is directed to give posses- 
sion to Alejo Martin, Antonio Martin, Francisco Martin, 
Miguel Martin, Felipe Martin, Jose Lujan, Felipe de Ara- 
tia, and Pedro de Abila, etc., etc. 

Diego Lucero. Grant of lands in Santa Fe, about half 
a fanega of corn and two of wheat land made by Don 
Pedro Rodriguez Cubero on July 30, 1697. This grant is 
also said to have been made to Antonio Lucero de Godoy, 
father of Diego Lucero. 

The petition was filed by Joseph Manuel Gilthomey, 
who was at that time secretary of the cabitdo (town 
council). Under this order all citizens were directed to j 






THE SPANISH ARCHIVES OF NEW MEXICO 335 

present to the cdbildo within a period of two months, 
their titles and grants for their lands, houses, and ranches, 
in order that the cabildo might inspect and make note 
thereof, with a view to preventing litigation in the future. 

The order also directed that chief alcaldes, before whom 
instruments might be executed, should not deliver the 
originals to the parties, but should give certified copies, 
sending the originals to the cabildo, where they were to 
be permanently filed. The order was promulgated at 
Santa Fe, Santa Cruz de la Canada, and Alburquerque, 
July 24, 30, and August 10, 1713, respectively. 

Subsequently memoranda of the documents presented 
to the cabildo in compliance with this order, wiere made 
in a book kept for that purpose, known as the "Libro de 
cabildo," which is archive 1136, which entries are as 
herein given. 

These memoranda contain references to the lands of the 
Indians in some cases, and these are as follows: 

Leaf 1, page 1. Second Entry. 

On the first of August, one thousand seven hundred 
and thirteen, Juan de Mestas presented the grant of the 
ranch on which he lives at Pojoaque, named San Buena- 
ventura, made by Don Pedro Rodriguez Cubero, for three 
fanegas of corn-planting land, on the ninth of December, 
one thousand six hundred and ninety-nine; and the pos- 
session given by the maestre de campo, Roque Madrid, 
lieutenant-governor of this kingdom. And its boundaries 
are from the slope of a hill as far as the river below the 
pueblo of Pojoaque, and toward the pueblo of Jacona 
from east to west as far as a bluff, and north (to) south 
as far as the hills which descend from Cuyamungue. 

Leaf 2, page 1. Third entry. 

Captain Sebastian Martin presented a grant of a tract 
and farm of cultivable lands, made by the Marquis of La 
Penuela, on the twenty-third day of the month of May, 
of the year one thousand seven hundred and twelve, in 
which he validates the one that he had, made by the Mar- 
quis of Naba de Bracinas, in which he cut off the persons 
who formerly had said grant, because of the period which 
His Majesty grants for the settling of new lands having 
passed; and said grant is countersigned by Cristobal de 
Gongora, military secretary, who by virtue of a commis- 
sion from said Marquis de La Penuela, gave him posses- 
sion of said tract and farm on the tenth day of the month 
of June of said year. And its boundaries are on the 
north side the Canada del Embudo de Picuries, on the 



336 THE SPANISH AECHIVES OF NEW MEXICO 

south a cross that is placed at the boundaries of the lands 
which belong to the pueblo of San Juan, and on the west 
a table-land which is on the other side of the Rio del 
Norte, and on the east the highway which goes out from 
Chimayo toward the pueblo of Picuries; with entrances 
and exits, as appears from said grant, which was returned 
to him. 

On the 30th of August, of the year 1713, by virtue of 
what is commanded by the governor and captain-general 
of this kingdom, Captain Joseph Trujillo presented a 
grant made to him by the castellan, Don Pedro Cubero, 
on the 29th of December, 1700, for the lands which an- 
ciently belonged to Francisco Jimenez, close to the San 
Ildefonso table-land and lands of the sargento mayor, 
Ambrosio Saens, attested by Domingo de Barreda, civil 
and military secretary; and the possession of said lands, 
which on the 21st of March, of the year 1701, was given 
to him by the maestre de campo, Roque Madrid. 

And at the same time he presented another grant, made 
by the same castellan, on the 23d day of April of the 
same year, for another piece of land for the pasturing of 
stock, contiguous to that of Francisco Jimenez, in the dis- 
trict of the New Town of Santa Cruz (Villa, Nueva de 
Santa Cruz) attested also by said Domingo de la Barreda, 
and the possession of said piece of land given by saict 
chief alcalde. 

As also he presented another grant for a piece of land 
for pasturing large and small stock, where there is a small 
spring of water on the Nambe road that goes to the New 
Town (Villa Nueva), of which, on the 23d day of May, 
1701, General Don Francisco Cuervo made him a grant, 
countersigned by Don Alonzo Rael de Aguilar, military 
secretary, with the possession which said maestre de 
campo, Roque Madrid, gave on the 16th of June, of said 
year, the boundaries of which appear in said grants, which 
originals I returned for the protection of his right. 

Leaf 3, page 1. Second entry. 

On the 30th of August, of the year 1713, before me, 
General Juan Paez Hurtado, ordinary alcalde, Juan Tru- 
jillo, a citizen of the district of La Canada ( Santa Cruz), 
appeared and presented a land grant, torn into shreds, 
for a piece of agricultural lands of about two fanegas of 
corn, which Sebastian de Salas sold to him, on the other 
side of the Pojoaque river, the boundaries of which ap- 
pear in the certified copy of the deed, which was made 
before Joseph Rodriguez, ordinary alcalde, at the town 



THE SPANISH ARCHIVES OF NEW MEXICO 337 

of Santa Fe, on the 19th of the month of October, of the 
year 1701. 

Leaf 3, page 1. Third entry. 

On the 30th of August, of the year 1713, Juan Trujillo 
appeared before me, General Juan Paez Hurtado, and 
presented a grant made to the sargento mayor, Francisco 
de Anaya, for a tract of agricultural lands between Cuya- 
mungue and Jacona, called San Isidro, made by the cas- 
tellan, Don Pedro Cubero, on the 27th day of the month 
of November, of the year 1699, attested by Domingo de la 
Barreda, civil and military secretary, which Sebastian 
Cansua, son-in-law of said sargento mayor, sold to him, 
because of their belonging to his wife, Maria de Anaya; 
and the possession given by the maestre de campo, Boque 
Madrid, on the 10th day of December of said year; the 
boundaries of which appear in said grant, the original of 
which I returned to him for the protection of his right. 

On the 1st of September, of the year 1713, Mateo Tru- 
jillo presented before me, General Juan Paez Hurtado, 
ordinary alcalde of this town of Santa Fe, in virtue of 
what is commanded by the governor and captain-general 
of this kingdom ... a grant of a tract of land 
for cultivation and the rearing of large and small stock 
on the other side of the Rio del Norte between the pu- 
eblos of Santa Clara and Ildefonso, which on the 21st 
of November, 1700, the castellan, Don Pedro Rodriguez 
Cubero, gave to him by grant, attested by Domingo de la 
Barreda, military secretary; and the possession which the 
maestre de campo, Roque de Madrid, gave on the 9th of 
September, 1701 ; the boundaries of which appear in said 
grant, the original of which I returned to him. 

Leaf 4, page 1. Second entry. 

On the seventh day of the month of September, of the 
year one thousand seven hundred and thirteen, Captain 
Ignacio de Roibal presented three grants of land . . . 
the second for the place of Jacona, district of the 
Town of Santa Cruz, for the surplus of what Captain Ja- 
cinto Pelaez had by grant, also made by the same castellan 
(Don Pedro Rodriguez Cubero), on the second of October, 
seventeen hundred and two ; attested by Pedro de Morales, 
civil and military secretary; the boundaries of which ap- 
pear in said grant, and of which I returned to him the 
original. 

The third for a piece of land which before the revolu- 
tion of the year eighty (1680) belonged to the maestre de 
campo, Francisco Gomez Robledo, which may contain five 



338 THE SPANISH AECHIVES OF NEW MEXICO 

fanegas of wheat-planting land, below the Town of Santa 
Cruz about one-fourth of a league, between the lands of 
Domingo Martin and Ambrosio Saes, of which lands the 
said castellan (Don Pedro Rodriguez Cubero) made him 
a grant on the fourth of May, sixteen hundred and ninety- 
eight ; attested by Domingo de la Barreda, military secre- 
tary, which I returned to him with the two preceding 
ones, to serve him as a formal title. 

Leaf 4, page 2. Second entry. 

Isabel Gonzales, widow of Juan de Archuleta, on the 
eleventh day of September, of the year 1713, presented 
. . . another grant for another ranch of eight fanegas 
of corn-planting land, which adjoins the lands of the 
pueblo of San Juan, made by the castellan, Don Pedro 
Rodriguez Cubero, to Juan de Archuleta, the husband of 
said Isabel Gonzales, on the 12th of June, of 1698, at- 
tested by Domingo de la Barreda. 

Leaf 5, page 2. Fourth entry. 

On said day General Juan Paez Hurtado presented a 
grant, which on March 3, 1704, General Don Diego de 
Vargas made to him, for the surplus lands which there 
might be at the pueblo of Pojoaque I mean between 
the pueblo of Pojoaque and that of Nambe ; and they ad- 
join the lands of Juan and Carlos Lopez ; and the posses- 
sion which on the 7th of said month of March and year 
of the date, Captain Ignacio de Roibal gave to him; the 
boundaries of which appear in said grant, the original of 
which I returned to him to serve as a formal title. 
MANUEL BACA. Grant of lands at the Angostura de 
Bemalillo, made by Don Diego de Vargas Zapata Lujan 
Ponce de Leon on January 14, 1695. These lands form- 
erly belonged to his father, Cristobal Baca. 
BERNARDINO DE SENA. Grant of lands on the other 
side of the river at Santa Fe, made by the Marques de 
la Nava de Brazinas on May 3, 1694. 
VICENTE . . . DEARMIJO. Grant of half a fane- 
ga of corn land, house and garden, made by the Marques 
de la Nava de Brazinas on November 29, 1703. 
DIEGO MARQUES DE AYALA. Ensign. Grant of 
lands made by Don Ignacio Flores Mogollon on July 28, 
1713. 

On July 21, 1713, a decree was made by the governor 
and captain-general, Don Ignacio Flores Mogollon, re- 
quiring all documents relative to grants of land thereto- 
fore made to be presented to the cabildo of Santa Fe. 






THE SPANISH AKCHIVES OF NEW MEXICO 339 

1137 COPIES OF LAWS relating to the colonization and 
settlement of lands of March 12, 1828, November 21, 
1828, March 11, 1842. 

1138 PETITION of Half -Breed Indians of Santa Fe. 

Certified copy dated Arispe, 1780. Certified by Antonio 
Bonilla. No action taken. 

Bentura Bustamante, lieutenant of the Genizaros (half- 
breed Indians) of the Villa de Santa Fe, by order of his 
captain, Juan Armijo, and in the name of thirty-three 
associates of the same class of Indians, filed a protest with 
the governor and captain-general against being taken 
away from Santa Fe, where they had built houses, had 
cultivated fields, etc., to the Cumanche frontier to fight, 
threatening to leave Santa Fe and the Spaniards and join 
the hostiles (gentiles'). 

1139 MANUEL DE ALVAEEZ. Citizenship. 

Don Manuel Alvarez was one of the most prominent citi- 
zens in New Mexico at the time of the American Occupa- 
tion. In 1839, he held the position of United States 
consul at Santa Fe. In 1825, in company with a party of 
French trappers or fur traders, he came to Santa Fe from 
St. Louis, Missouri. The following year he made applica- 
tion to the Mexican government for citizenship papers. For 
some reason or other not explained by the archive he was 
never able to secure Mexican citizenship. At the time of 
his appointment as American consul at Santa Fe in 1839, 
he was still a Spanish subject. 

Containing, as they do, a number of points of historical 
interest, copies of his papers as filed with the Mexican 
government at the time of his arrival in Santa Fe, are 
given herewith: 

"Most Excellent Sir: 

"Manuel Alvarez, a native of the village of Abelgas, in 
the ancient Kingdom of Leon, with due respect appears 
before Your Excellency and says that having presented 
two applications, dated June 14, 1825, and May llth of 
the present year, asking for papers of naturalization of 
this Republic, through the Political Chief of this Terri- 
tory and not having been successful in such purpose, pos- 
sibly on account of the petition being lost, mislaid, de- 
layed or from other causes unknown to me, to obviate all 
of which for reasons set forth in my former petition, I 
am setting forth in this and will say that I address this 



340 THE SPANISH AECHIVES OF NEW MEXICO 

to Your Excellency, knowing your solicitude and kind- 
ness in such matters, that Your Excellency may be pleased 
to decide what your petitioner requests. 

"Always, Most Excellent Sir, I have been anxious to 
reside here under a liberal government for which reason 
for eight years I have remained on this Continent visiting 
the United States of America and this Republic, whose 
origin gives guaranty of protection and happiness, and 
wishing to participate therein, I reiterate to Your Ex- 
cellency my request, hoping that you will give it early 
determination and not delay me longer in the sweet satis- 
faction which will result. 

"Your petitioner in order to remove any suspicion or 
obstacles, causing further delays, would say something in 
regard to his conduct and manner of living, but even 
though such statement may be unnecessary, he states to 
Your Excellency that he speaks the English and French 
languages; that he has been a trader up to the present 
time, and proposes in the future to devote himself to the 
pursuit of agriculture at some convenient locality, all of 
which was referred to in my petition to the Political Chief 
which he may have given to Your Excellency. 

"To the highest consideration of Your Excellency your 
petitioner leaves a knowledge of how greatly he will con- 
sider the prompt possession of the naturalization papers 
which he has solicited, and is satisfied that Your Excel- 
lency's well known reputation for justice and kindness 
will prompt you to act satisfactorily and to the end that 
your petitioner will be content over what has hapjpened. 

"MANUEL DE ALVAREZ 
"Santa Fe, Nov. 27, 1826." 



"To THE HONORABLE POLITICAL CHIEF. 

"The citizen, Manuel de Alvarez, native of the village 
of Abelgas, of the ancient Kingdom of Leon, at present 
a resident of this Territory of the Mexican Federation, 
in the most proper manner, appears before Your Ex- 
cellency and says: That having left his native land in 
the year 1818, he had determined to take up his residence 
either in the United States of North America or in Mex- 
ican territory and having gone from Habana to the first 
mentioned country, he landed at New York as credited by 
the enclosed passport ; I visited the said country and know 
it not to be a place of convenient residence, but preferring 
the Mexican Republic I have come here for that purpose. 



THE SPANISH ARCHIVES OF NEW MEXICO 341 

I request Your Excellency to present my application for 
citizenship to the Sovereign Constitutional Congress as I 
desire to become a useful citizen of this country and to 
its inhabitants, protesting that I am of the Roman Catho- 
lic faith, and what may be necessary in order to attain 
that for which I desire. 

"All of which I ask and request Your Excellency to 
present my application and the attached report to the 
Supreme Government of the Federation and the Sovereign 
Constitutional Congress for the attainment of the same. 

"The entire lack of sealed paper in this Territory has 
prevented my application being made upon sealed paper, 
but I offer to pay its value. MANUEL DE ALVAREZ. 

"Santa Fe, June 14, 1825." 



Governor Baca endorsed the application favorably, stat- 
ing that Alvarez manifested a great zeal for the Catholic 
faith. 



His passport, dated Habana, April 29, 1823, is signed 
by Don Sebastian Kindelan y Oregan, Knight of the Mili- 
tary Orders of Santiago and Ferdinand, 3d class, of the 
Cross and City of Hermenejildo, Brigadier of the National 
Armies, Subaltern Corporal of the Captain-Generalcy of 
the Island of Cuba, Provisional Captain-General of the 
same and Superior Political Chief of the City and Prov- 
ince of Habana, etc., etc. 

Countersigned by Antonio Maria de la Torre y Car- 
denas. All of the papers of Alvarez used in connection 
herewith were certified to by 

FRANCISCO PEREZ SERRANO Y AGUIRRE [Rubric] 

Provisional Secretary 

Accompanying his papers is a passport from Governor 
Alexander McNair, of Missouri, as follows: 

"United States of North America. 

' ' Alexander McNair, Governor of the State of Missouri. 

"To all who shall see these Presents, Greeting, Be it 
known that Francis Robidoux, Isidor Roubidou, Antonio 
LaMarche, Manuel Alvarez, Jose Martin, Joseph Gervais, 
Astasio Lasalle, Charles Hotte, Francois Laroque, Fran- 
cois Quenelle, Joseph Decary, and Antoine Baucheum, 
traders to Mexico, all citizens of the Unitecfc States, 
to me well known as such and that they enjoy and are 
entitled to all the privileges of citizens of our free and in- 
dependent Republic. 



342 THE SPANISH AECHIVES OF NEW MEXICO 

"In testimony whereof, I have hereunto set my hand 
and caused the great Seal of the State of Missouri to be 
Affixed. 

' * Done at Saint Charles, this 3d day of September A. D. 
one thousand eight hundred and twenty-four, and of the 
Independence of the United States the forty-ninth. 
(SEAL) "By the Governor. A. McNAiR 

"WILLIAM G. PETTUS 

"Secretary of State." 

"Height, 5 feet 2 inches; color, pale; nose, regular; 
brows, black; hair, black; no beard." 

1140 DECEEE of Departmental Assembly in relation to 
the abandonment of granted lands. 1837. 

1141 XEMES, ZIA, and SANTA ANA, 1713. 

Receipt of order by Alcalde. Tibursio Ortega, Alcalde. 
San Geronimo de Taos. Receipt of the same. Miguel de 
Sandoval Martinez, Alcalde. 

In the year 1766 "In compliance with the directions of 
his excellency, Don Tomas Velez Cachupin, governor and 
captain-general" Bartolome Fernandez, chief alcalde and 
war-captain of the pueblos of the Queres, delivered pos- 
session to the pueblos of Xemes, Zia, and Santa Ana of a 
tract of land bounded ' ' from north to south from the place 
Ventana to the stone ford of the Puerco river, the boun- 
daries also of the citizens of the place San Fernando of 
Nuestra Senora de la Luz; and from east to west from 
the pueblo of Zia to the said Puerco river, the eastern edge, 
the whole valley of the Holy Ghost spring being embraced 
within the center and within the boundaries of this grant. " 
At the time possession was given there were present the 
following Indian governors (caciques) : Cristoval Naspona, 
Cristoval Chiguigui, Pedro Chite, Sebastian, Lazaro, and 
Juan Antonio, and the war-captains Agustin, Tomas, Juan 
Domingo, and other Indian magistrates. . 

1142 JUAN OTERO. 

Decree of Departmental Assembly revoking grant made 
Francisco Sarracino. His suspension recommended, 1845. 

1143 MINING COURTS in New Mexico. 1846. 

Decree establishing them. Manuel Armijo, Governor. 
Tomas Ortiz, President. Miguel de Pino, Secretary. 



THE SPANISH AECHIVES OF NEW MEXICO 343 

1144 QUICKSILVER. 

Sale of, etc. El Caballero de Croix. Juan Joseph Fer- 
nandez de Soria. 

1145 PAJAEITO. 

Complaint of Francisco Lopes that settlers at said place 
will not take possession of their lands. 1844. Gregorio 
Vigil, Alcalde. 

1146 FEINTED COPY of Land Law of March 11, 1842. 

1147 INTEEPEETATION of the law of 1813 in relation to 
reducing the public lands to private ownership. 

Printed copy. Letter of transmittal of the same to Gov- 
ernor of New Mexico. Bernardo Bonavia. 

1148 MADAEIAGA. Tome. 1837. 

Communication to the Departmental Assembly in relation 
to settlements abandoned on account of Indian raids. 

This archive refers to the settlers at Manzano who aban- 
doned their lands on account of attacks of hostile Indians ; 
also to the settlements at Las Huertas and Carnuel and 
mentions the building of a large fort at Manzano by all 
of the settlers. 

The Town of Tome was a regularly organized Villa, 
had its ayuntamiento and other officers prior to the 
change from Spanish to Mexican sovereignty and later; 
it had a * ' Sala Capitular. ' ' This is shown in the granting 
papers in the Casa Colorada Land Grant. Miguel de 
Olona was the secretary of the cabildo. The grant known 
as the Casa Colorada was made upon the petition of Jose 
Maria Perea by the Corporation of Tome and was ap- 
proved by the Provincial Deputation, September 15, 1823. 
The original settlers on this grant came from the vicinity 
of Manzano and were: Jose Maria Perea, Rafael Perea, 
Antonio Torres, Dionisio Maldonado, Eugenio Barela, Do- 
mingo Lucero, Vincente Torres, Juan Cruz Turietta, 
Julian Sanchez, Aban Sanchez, Miguel Archuleta, Gre- 
gorio Sedillo, Jose de Jesus Maldonado, Jose Sedillo, 
Miguel Lucero, Rafael Cedillo, Guadalupe Perea (widow), 
Matilda Montoya (widow), Cristobal Jaramillo, Rafael 
Torres, Buenaventura Sanchez, Manuel Baca, Jose Baca, 
Juan Antonio Serna, Jose Antonio Benavides, Carlos 
Baca, Juan Agustin Barela, Vincente Moya, Antonio Tor- 
res, Sr., Julian Benavides, Tomas Benavides, Jose Galle- 
gos, Jose Maria Sedillo, Antonio Torres, 2d, Joaquin 



344 THE SPANISH AKCHIVES OF NEW MEXICO 

Sanchez, Mariano Pino, Esteban Baca, Andres Zamora, 
Jose Anto Sedillo, Juan Castillo, and Tomas Sanchez. 

By virtue of a decree of June 23, 1823, all of the in- 
habitants in the outlying valleys and mountains and other 
places liable to attack from hostile Indians were ordered 
to gather in settlements. These people all came from the 
vicinity of the Manzano mountains. 

1149 SANTA FE PALACE, 1827. 

The "Palace" is turned over to the Jefe Politico. 

1150 BLOTTEE in reference to the discovery and working 
of lead mines. 

This lead mine was at Las Huertas ; date of letter, August 
13, 1818 ; good for bullets and the defense of the country 
against the gentile tribes; sent five or six loads (cargas) 
for use against "los enemigos del estado." 

1151 CIENEGA. 

Grant to the City of Santa Fe. Copy not certified. 1715. 

1152 DISCOVEEY OF MINEEAL among the Comanches. 
1829. 

Bocanegra. 

1153 SAN MIGUEL DEL BADO. 1825. 

Petition of the people to their Ayuntamiento asking that 
attention be called to their petition to the Provincial As- 
sembly protesting against the extent of the Tract granted 
to Juan Estevan Pino. 

On December 6, 1823, Juan Estevan Pino, a man of 
great prominence in New Mexico at that period, filed his 
petition with the governor of New Mexico asking for 
lands described as follows: "On the north by the land- 
marks of the farm or land of Don Antonio Ortiz and the 
tableland of the Aguage de la Tegua ; on the south by the 
Pecos river; on the east by the tableland of Pajarito, 
and on the west by the point of the tableland of the Chu- 
paines." The grant was made December 23, 1823, and 
the land was called the Hacienda of San Juan Baptista del 
Ojito del Rio de las Gallinas. Pino received possession of 
the property; his heirs disposed of it to Preston Beck, 
to whose son, Preston Beck, Jr., it was confirmed by Con- 
gress, June 21, 1860. 



THE SPANISH AKCHIVES OF NEW MEXICO 345 

1154 MANUEL TEUGILLO. 1828. Alburquerque. 

Petition to the Governor in regard to the return of certain 
papers by the Alcalde of Socorro. 

1155 ALAMILLO, 1800. 

Account of its re-settlement. Not signed. 

1156 JOSEPH XAEAMILLO to Barbara, Matilde and Ca- 
tarina Viviana Ballejos. Alburquerque, 1732. 

Land. Juan Gonzales Bas, Alcalde. 

1157 APPEOVAL BY THE KING of the action of the 
Superior Junta of Mexico in the modification of Ar- 

Pticle 81 of the Ordenanza de Intendentes, 1798. 
Certified copy by Manuel Merino. 

1158 SAN PEDEO TEACT. 1840. 

Letter of Antonio Montoya, Alcalde of Sandia, to Guada- 
lupe Miranda in reference to the same. 

In February, 1844, the governor of New Mexico made a 
grant to Jose Serafin Ramirez of lands in the county of 
Santa Fe described as "bounded on the north by the 
Placer road that goes down by the yellow timber; on the 
south, the northern boundary of the San Pedro grant; 
on the east, the spring of the Canon del Agua ; on the west, 
the summit of the mountain of the mine known as the 
property of your Petitioner." 

This tract of land as described was confirmed by act 
of Congress. 

In the suit of the United States vs. The San Pedro and 
Canon del Agua Company, finally determined by the su- 
preme court of the United States, it was held that the 
mineral underlying the surface of the lands within the 
limits of this grant were still the property of the United 
States. That the company when it purchased was fully 
cognizant of the definite character of the grant which had 
been made to Ramirez; that when the lands mentioned, 
at the time of the Treaty of Guadalupe, passed under 
the dominion of the government of the United States, 
the title to the mineral lands became vested in the United 
States government ; that Ramirez had a claim to no greater 
interest than he had obtained from the Mexican govern- 
ment, which had not parted with the title to the mineral 
underlying the surface; that the Spanish and Mexican 
governments reserved the rights to minerals unless other- 



346 THE SPANISH AECHIVES OF NEW MEXICO 

wise stipulated, and no such express grant had been made 
to Ramirez. 

This decision, affirming the decision of the supreme 
court of New Mexico, was a great injustice to the persons 
who had innocently purchased this property. 

1159 INVENTORY of DOCUMENTS in the public arch- 
ives during the time that Gervasio Cruzat y Gongora 
was Governor, 1736. No. 1136, q. v. 

1160 PETITION, 1852. 

People of Taos county in regard to lands occupied by 
them as pasture lands. Addressed to James S. Calhoun, 
Governor. 

1161 EXPEDITION, 1803, for the discovery of the Cerro 
del Oro. 

The Cerro del Oro (Mountain of Gold) was never dis- 
covered. Salcedo was deceived by the Indians, to whom 
he gave money in advance for the information as to the lo- 
cation of the "Mountain." 

Second expedition in search of the Cerro del Oro. 

1162 JUNTA DE FOMENTO DE MINEEIA. Mexico, 1844. 

Asking information in regard to placer mines of New 
Mexico. Jose Del Monte, President. 

1163 STATISTICS of Santo Domingo, 1845. 

1164 EL NACIMIENTO, 1815. 

Settlement and partition of lands. Ignacio Sanchez Ver- 
gara, Alcalde. 

1165 PEINTED POSTER, offering reward for the arrest 
of the traitor, Mina, 1817. 

1166 TEEATISE on Political Economy. 

1167 BAETOLOMS BACA. 

Report on Indian Troubles, 1825. 

A translation of this important document is as fol- 
lows: 

"I give notice to your excellency that this day arrived 
the citizen, Manuel Mestas, interpreter, who by order of 
the militia commander, Don Jose Viscarra, had visited the 
Cumanche nation April 5th for the purpose of notifying 



THE SPANISH AECHIVES OF NEW MEXICO 347 

them of the hostile actions and robberies committed by 
them at Eleceario and to the north. The Cumanches 
answered that it was a fact that they had participated 
in the robberies and had fired upon the Spaniards but the 
Kiowas were those who had made war on the Spaniards; 
that the Kiowas now separated from them and had gone 
to the pueblo of the Jumanes for a council of war for the 
purpose of attacking those in the north; this is what the 
Cumanches said and they believed that such separation 
and going to the Town of the Jumanes is for the purpose 
of joining the said Town of Jumanes. 

"The Kiowas will also march toward the north in Oc- 
tober of the present year. The Cumanches also say they 
will immediately confer with the Kiowas relative to what 
would happen but by this method possibly the Kiowas 
would desist and that they would advise us as to the re- 
sult; that the Cumanches were not concerned in these 
new hostilities on the part of the Kiowas and that they 
will prove it; that the hostility of the Kiowas has arisen 
because 12 of their number including a chief had been 
killed. 

"God and Liberty; El Bado, June 14, 1825. 

"TOMAS SENA [rubric] 
"To the Jefe Politico: 

"DON BARTOLOME BACA." 
The Spanish is "Pueblo de Jumanes." 
"Several residents of this jurisdiction in my charge 
have just arrived informing me that, having gone to 
trade with a band of Cumanche Pelones and Kiowas, who 
are at the Bio Nutrias, they met two captives from Paso 
del Norte, one of them the servant of Don Agapito Alba, 
who informed them that they were well taken care of 
and not badly treated by the gentiles, for the reason that 
they had agreed to accompany them in an attack upon 
the Town of El Paso, showing them where the cattle of 
said town were herded, and, adding further, that the In- 
dians had agreed to set them free when this had' been 
done ; that they informed them of this on account of their 
love of country, and requesting that if on this account 
they were deprived of their freedom, still the information 
ought to be given to the alcaldes so that the great wrong 
might be prevented, all of which I communicate to you. 
"God and Liberty, June 10, 1825. 

"SEVERING MARTINEZ [rubric] 
"To the Hon. Political Chief, 
Santa Fe, N. M." 



348 THE SPANISH AECHIVES OF NEW MEXICO 

These letters were sent to Soto la Marina, the com- 
mandant at Chihuahua. 

1168 TAOS, 1824. 

In relation to their wanting the title of Villa. 

1169 MAEIANO MABTINEZ, Governor. 

Memorandum of official action taken by him during the 
years 1844 and 1845. 

1170 MINING DECREES, 1843. 

1171 EE-SETTLEMENT of the Town of SOCOEEO, 1800. 

Pedro de Nava. 

Juan de Ofiate does not mention the existence of the 
pueblo which stood at Alamillo, a few miles north of the 
present town of Socorro. At the time of the uprising in 
1680 there was a church here dedicated to St. Anne, and, 
according to Vetancurt, the population was about four 
hundred. In 1681, when Governor Otermm returned to 
New Mexico, in a vain attempt to reconquer, this pueblo 
was destroyed by him. See Autos y Dilijencias hechas, 
etc. Testimony of the maestro de campo, Francisco 
Gomez. 

1172 NEW MEXICO, 1826. 

Report on boundaries, etc. Not signed. 

1173 HILAEIO MESTAS vs. Pablo Montoya, 1811. 

Stock. Ignacio Sanchez Vergara, Alcalde. 

1174 DEPAETMENTAL ASSEMBLY, 1845. 

Twenty pages of the record of proceedings. 

1175 JUAN NAVAEEO, Governor of Durango. 1824. 

Two letters to Bartolome Baca, in relation to payment of ! 
duties on sheep. 

1176 JUAN BAUTISTA VIGIL. 1824. 

Two letters to Bartolome Baca on political matters. 

1177 JOSEPH DE UEQUIDI. 1824. 

Letter to Bartolome Baca. Political. 

1178 JUAN ESTEVAN PINO. 1824. To Bartolome Baca. 

Mercantile. 



THE SPANISH AECHIVES OF NEW MEXICO 349 

1179 JUAN ESTEVAN PINO, 1823. 

Receipt. 

1180 EOYAL CfiDULA. February 14, 1805. 

Relating to the extent of land grants. Copy. Certified 
by Bernardo Villamil. 

1181 JOSE ALVAREZ TOSTADO. 1825. 

Religion. Letter to Bartolome Baca. 

1182 EELIGION. 1825. 

1183 RELIGION. 1824. 

1184 STAMPED PAPER, Law of. 1823. 

1185 MANUEL JOSE DE ZULOAGA. 

Political, 1827. 

1186 No Consequence. 

1187 MISSIONS. 1746. 

Testimonio of order of Viceroy certified by Joachin Co- 
dallos y Rabal, Governor. 

1188 MANUEL ARMIJO. 1827. 

Letter to Territorial Deputation in relation to monopoly 
of lands, etc. 

1189 FRANCISCO TRUXILLO. 1824. 

Letter to Bartolome Baca in relation to partition of lands 
of the Ojo Caliente and report of said partition. 

1190 FRANCISCO GUERRERO, alcalde, 1766. 

List of deeds made by him belonging to the government 
archives. 

1191 RELIGION. 1808. 

Census. 

1192 VALLECITO GRANT. 1809-1813. 

Protest of Manuel Martin and Juan Pedro Duran against 
settlers of the same for not complying with conditions, 
etc. Manuel Garcia, Alcalde. 

1193 SETTLEMENT of PUBLIC LANDS. 1807. 

Proclamation of the Viceroy. Jose Ignacio Negreros y 
Soria. Nemesio Salcedo. No. 1180, q. v. 



350 THE SPANISH AECHIVES OF NEW MEXICO 

1194 ALAMILLO and SEVILLETA, 1800. 

Re-settlement. Pedro de Nava. 

1195 IGNACIO SANCHES DE VEEGAEA, 1821. 

Letter to Governor Melgares, asking whether he may pe- 
tition for a tract of land near the pueblo of SawMa. 
Governor replies favorably. 

1196 PEDKO DE NAVA. 1798. 

Transmitting Royal Decree of March 23, 1798. No. 
1157, q. v. 

1197 JOSE VINCENTE OETIZ. No date. 

Petition for land. No action. 

1198 SANTA FE. 1705. 

Order that houses shall be built. Francisco Cuerbo y 
Valdez, Governor. 

1199 EE-SETTLEMENT of the Town of SOCOEEO and 
those of SENECU, Sevilleta, and Alamillo, 1800. See 
No. 1171. 

Pedro de Nava. 

In this letter Don Pedro de Nava gives instructions 
for active war upon the Apaches in the vicinity of Mag- 
dalena, N. M. Also at San Mateo. 

Good signature of De Nava. 

1200 EOMAN SANCHEZ. Santa Fe. 1825. 

Testimonio certified by Antonio Narbona, Governor. 

1201 PEDEO ANTONIO MESTAS. 

Will. Santa Fe, 1826. Jose Ortega, Cabo. 

1202 MATIAS SENA. 

Will. Santa Fe, 1826. Jose Tapia, Cabo. 

1203 No Value. 

1204 FEANCISCO ANTONIO TOEEES. 

Will. 1826. Santa Fe. Jose Tapia, Cabo. 

1205 FEENANDO DUEAN Y CHAVES and Baltazar Ro- 
mero. 

Petition. 1708. Asking that soldiers be stationed at 
Alburquerque. 






THE SPANISH AECHIVES OF NEW MEXICO 351 

"To the Very Illustrious City Council, Justice and 
Government : 

"The Captains Fernando Duran y Chabes and Balta- 
zar Romero, residents of the Villa of Alburquerque, in 
the name and with the authority of all of the citizens of 
the same, appear before your excellency and asking that 
all the privileges allowed by law be given them, they 
say that whereas the Sefior General Don Francisco Cuerbo 
y Valdez, who was governor of this kingdom, and who in 
his time, because it appeared to him to be more advanta- 
geous, ordered that the said Villa of Alburquerque be 
settled in the year of one thousand seven hundred and 
six, for which object and its due fulfillment he directed 
us to make public his desire that this kingdom should be 
greater and that we should increase our estates and not 
experience in the future the epidemics of the preceding 
years; he assisted us because we had no lands to plant 
nor on which to raise our stock (and) although he gave 
them abundantly at the place where we now are we did 
not decide to enter upon them because of our poverty and 
the danger from the enemies which surround us on all 
sides, reasons which obliged the said general to give us 
for our guard and defense a squadron of soldiers, in 
order that they being present we might make some pro- 
gress, reasons which induced us to leave Bernalillo, where 
we resided; influenced by the desire to promote our wel- 
fare and comfort, we were impelled to make oath and set- 
tle the said Villa, and this having been accomplished the 
said General Don Francisco Cuerbo y Valdez made a re- 
port of the same to his excellency the Duke of Albur- 
querque, to whom he reported and explained the condi- 
tion of the new Villa [torn small space] he had settled 
and that for it he had given us said [torn, same as above] 
reasons which caused the said viceroy to give [torn as 
above] an election as appears by his order [torn as above] 
in our favor, in order that it might so appear, and at the 
same time he sent sacred vestments and altar furniture 
and a bell for the said Villa, for which reason we believed 
that he was well pleased with the said settlement, urg- 
ing upon the said general with much earnestness the ne- 
cessity for the preservation and increase of the said 
Villa of Alburquerque; and now the Senor Marques de 
la Penuela, governor and captain-general, at this time 
has been pleased to take away the said escort, for which 
reason the enemy, seeing our weakness, have dared bar- 
barously to commit various robberies, every day carrying 



352 THE SPANISH AECHIVES OF NEW MEXICO 

off our stock, taking it from our corrals, as is shown ; and 
seeing that they are not punished, they may surprise us 
and destroy us and our wives and children, which may 
God forbid, and this they did not do before, although it 
is true that they threatened us from afar, but they did 
not dare to attack, for they knew that the soldiers were 
almost upon them, and these are the reasons which have 
caused us to present a petition for the said citizens to 
the governor and captain-general, in which it was prayed 
that he would be pleased to grant them the said squad- 
ron because of the circumstances set forth; and he re- 
plied in plain words that the petition was not admissi- 
ble, and he did not grant it, and because of this we are 
left very disconsolate, and in order that we may not be so 
in the future we take refuge under the shadow and pro- 
tection of your Excellency, in order that as you are in- 
terested in the welfare and preservation of this commun- 
ity, since it is under your charge, you may present our 
cause, explaining to the said Marques, governor and cap- 
tain-general, the reasons which compel us to make this 
representation and [torn small space] admissible to re- 
move [torn as above] said place and to go where we may 
deem best and that we may never be accused of con- 
tumacy, as it is our desire to serve His Majesty; this we 
do without any mental reservation and we protest the 
truth of the same ; wherefore, 

"We ask and Pray that Your Excellency will be pleased, 
in view of this our statement, to favor us by doing what 
we ask, since it is just, and we swear by God [torn a small 
piece from the margin] and the Holy Cross that this is 
not in bad faith, and the royal aid in [torn as above] we 
pray, and in that which is necessary, etc. 

"FERNANDO DURAN Y CHABES [rubric] 
" B ALT AZAR ROMERO [rubric] 

"In the City of Santa Fe, on the fourteenth day of the 
month of April of the year one thousand seven hundred 
and eight, before the Council (Cavildo de Justicia y 
Regimiento) of the same, this petition was presented by 
the persons named in it, and it having been examined by 
us, the members, we admitted it and in compliance with 
it we proceeded to present it to the governor and cap- 
tain-general, who said that he would apply the best rem- 
edy, and in order that it may so appear we sign this with 
our secretary of the council, who will place this instru- 



THE SPANISH AKCHIVES OF NEW MEXICO 353 

ment in the files and papers of our archives for future 
reference. 



'IGNACIO DE ROIBAL 

' FRAN. LORENZO DE CASSADOS 

'PHELIX MARTINEZ 

' JUAN GARCIA DE LA Ri [torn] 

' Ju. DE VRRIBARI 

' JUAN PAEZ HURTADO 

'ANTE MI [torn] " 



rubric 
rubric 
rubric 
rubric 
rubric 
rubric 



1206 JUAN KUIZ CORDERO. 

Will. Santa Fe, 1723. 

1207 JOSE PABLO EAEL. Santa Fe. 

Will. 1780. Also proceedings in the settlement of his 
estate. Juan Bautista de Anza, Governor. 

1208 PETITION of Half-breeds to settle at deserted Pu- 
eblo of Sandia. 1733. 

Denied. Gervasio Cruzat y Gongora, Governor. 

Petition by certain Indians of different tribes, includ- 
ing Jumanes, Apaches, Utes, Kiowas, and Pawnees, who 
had abandoned their tribal relations and embraced the 
Catholic religion, and who were living at various towns 
and pueblos in New Mexico, asking that they be permitted 
to make a settlement on the site of the then abandoned 
pueblo of Sandia. 

This petition was examined by Governor Cruzat y Gon- 
gora on April 21, 1733, and he ordered the petitioners to 
present to him a list of their names and the tribes to which 
they belonged. This they did at once, and the governor, af- 
ter having examined the same and considered their petition, 
decided that their request could not be granted, but he 
said that they might settle at the pueblos already estab- 
lished, and if any one of them desired to accept that 
offer he should appear before the governor in order that 
a pueblo might be designated as his place of residence. 

1209 MEMORANDA, 1844. 

1210 HEIRS OF EUSEBIO RAEL, by their attorney, Juan 
Gonzales, 1826. 

Petition to build on land formerly in dispute with the 
Indians of Sandia. Antonio Narbona, Governor. 



354 THE SPANISH AECHIVES OF NEW MEXICO 

Letter from Juan Gonzales to Governor Narbona, stat- 
ing that the heirs of Eusebio Rael had represented to him 
that they were left without either lands or houses, on ac- 
count of having paid the debts owed by their father then 
deceased, etc., and in view of the fact that a controversy 
between them and the Indians of Sandia had been de- 
cided in favor of said heirs, they asked permission to 
build their house there and go to work to settle other 
debts, etc. 

This letter is dated June 10, 1826, and in the margin 
thereof is a rough draft of the governor's reply, portions 
of which are practically illegible. The purport of it, how- 
ever, appears to be that the heirs of Rael could not build 
on the land about which they had been disputing with 
the Indians unless the latter voluntarily agreed to such 
an arrangement. 

1211 LUIS MARIA CABEZA DE BACA. 1821. 

His petition for lands referred to in an unsigned letter. 

1212 ANDEES OETEGA. 

Will. Santa Fe, 1821. Manuel Baca, Sargento. 

1213 JOSE JOAQUIN MONTOYA. 1821. 

Letter to Governor Melgares in relation to the abandon- 
ment of granted lands in the District of X ernes. 

1214 OJO CALIENTE. 1840. 

Discovery of mineral. 

1215 OEDENANZA DE INTENDENTES, 1793. 

Pedro de Nava. His letter to Governor Fernando de la 
Concha in relation to the provisional approval of action 
in regard thereto. 

1216 SANTIAGO ABEEU, 1837. Cienega. Santa Fe. 



1217 PEDEO AEMENDAEIS, 1846. 

Protests against the government granting to other per- 
sons lands already granted to him. 

Don Pedro Armendaris was a prominent citizen of 
New Mexico, having been alcalde during a long period. 
In 1820 he made application to the Spanish government 
for a grant of land lying on the west bank of the Rio 
Grande, opposite his ranch known as "Valverde." The 
application was granted and the lands were allotted to 
him; several years later he was driven from the property 



THE SPANISH ARCHIVES OF NEW MEXICO 355 

by the Navajos. Don Pedro left New Mexico and became 
a citizen of Chihuahua. After the Treaty of Guadalupe 
Hidalgo, Armendaris made a contract with two American 
citizens, Hugh N. Smith and Thomas Biggs, whereby, for 
services rendered in perfecting the title to his grants, 
Smith and Biggs became the owners of four thousand 
acres of the land grant, lying opposite the old Armendaris 
ranch of Valverde the present town-site of San Mar- 
cial, in Socorro county. This grant was confirmed by Con- 
gress in 1860, surveyed in 1877, and patented in 1878. 

The grants contained 490,000 acres, a large portion of 
which are situate on the west side of the Rio Grande. 

Upon this property the government of the United States 
is now constructing one of the largest dams and reservoirs 
for irrigation purposes in the world, the Elephant Butte 
project. The lands granted to Armendaris are now the 
property of the Victorio Land and Cattle Company. 

1218 JUAN MARTIN BUSTOS. Santa Cruz de la Can- 
ada, 1813. 

Question of lands with the Madrids. 

1219 FRANCISCO DE JESUS DE ESPEXO. Alburquerque. 

Will. 1733. Also proceedings in the settlement of his es- 
tate. Joseph Perez Mangos, Alcalde. 

1220 MANUEL VIGIL. 

Will. Santa Fe, 1733. Antonio de Uribarri, Alcalde. 

1221 SALVADOR MARTINEZ. 

Petition. Alburquerque, 1736. Asks that property inher- 
ited by his wife be delivered to her. Gervasio Cruzat y 
Gongora, Governor. 

1222 ANTONIO PACHECO. Santa Fe. 

Will. No date. Antonio de Ulibarri, Alcalde. 

1223 DIMAS XIRON DE TEGEDA. Santa Fe. 

Will. No date. Antonio de Ulibarri, Alcalde. 

1224 PHELIPA DE ROJAS. Santa Fe. 1736. 

Inventory of her estate. Antonio de Ulibarri, Alcalde. 

1225 JUAN GARCIA DE NORIEGA. Santa Fe. 

Will. No date. Antonio de Ulibarri, Alcalde. 



356 THE SPANISH AECHIVES OF NEW MEXICO 

1226 JUANA DE ANAYA ALMAZAN. Santa Fe. 1736. 

Will. Juan Manuel Chirinos. Manuel Thenorio de Alva. 

1227 MIGUEL DE SANDOVAL MAETINEZ to Antonio 
Truxillo. 

Land at Pojoaque. 1733. Antonio de Ulibarri, Alcalde. 

Deed, dated April 8, 1733, by Miguel de Sandoval 
Martinez to Antonio Trujillo, for a ranch at Pojoaque. 

The grantor states that he acquired the land from Car- 
los Lopez and the latter 's mother, Ana de Tapia, who had 
it by grant made by Governor Don Pedro Rodriguez 
Cubero in the year 1701 ; that he does not attempt to sell 
all the land described in the grant, because before they 
sold to him they had sold a portion of the land to the 
Indians of Pojoaque. 

The part sold to the Indians is not described, but the 
part conveyed by Sandoval to Trujillo had the following 
boundaries: "On the east side a main ditch which sep- 
arates the lands of the natives of said pueblo (Pojoaque), 
on the west side the main road which goes to San Juan, 
on the north side by the main ditch which crosses the 
main road, on the south side by a small ditch, before 
coming to the river, by which the Indians irrigate their 
little gardens." 

1228 ALPHONSO EAEL DE AGUILAE to Juan Joseph 
Moreno. 1733. 

House and lands. Santa Fe. Antonio de Ulibarri, Al- 
calde. 

1229 FRANCISCO TRUXILLO to Juan Angel Gonzales. 
Santa Fe, 1733. 

House and lands. Antonio de Ulibarri, Alcalde. 

1230 JUAN ROMERO. Banished. 1734. 

1231 JOSEPH BACA. Alburquerque. 

Will. 1766. Juan Xptobal Sanchez, Alcalde. Also pro- 
ceedings before Pedro Fermin de Mendinueta in relation 
to some sheep. 

1232 SANTO DOMINGO. 

Claim of Indians to lands adjoining Cochiti. 
Letter of August 14, 1808, from Friar Antonio Cabal- 



THE SPANISH ARCHIVES OF NEW MEXICO 357 

lero, at the mission of Cochiti, to Don Alberto Maynez, 
acting governor of New Mexico. 

The friar says that the Indians of Santo Domingo, 
whose mission is under his charge, came to him and asked 
him to write to the governor for them, because they 
could not explain themselves clearly; that they were ac- 
quainted with the boundaries of their league; that they 
wanted the governor to know about a piece of land, on 
the west side of the river (Rio Grande), which extended 
as far as the old pueblo of Cochiti, and for which they 
had paid 400 pesos; that the old pueblo of Cochiti was at 
a place where there was a medium sized hill called Los 
Chicos, as the governor could see from the recitals in the 
deed; that this was the land they asked for, and asked 
for with reason, for they had bought it ; that the governor 
would see from the instrument which they would show 
to him who it was that had sold it to them ; that the 
writer made this lengthy explanation in order that the 
governor might not have the trouble of trying to under- 
stand the statements made by the Indians. 

In a claim filed with the court of private land claims, 
no record or evidence of which is to be found in the 
archives, a grant of land was claimed to have been made 
by the Spanish government on August 2, 1728, to a resi- 
dent of Alburquerque, named Antonio Lucero ; this grant 
or claim is known as the Canada de Cochiti. It was lo- 
cated on the mesa of Cochiti, east of the center of the 
county of Sandoval, and Lucero 's petition showed bound- 
aries as follows: On the north by the old pueblo of Co- 
chiti; on the east by the Del Norte river; on the south 
by the lands of the natives of the pueblo ; on the west by 
the Jemez mountains. The amount of land claimed under 
this grant was 104,554 acres. The petition gave as the 
northerly limit the old pueblo to which the Indians re- 
treated during the uprising of 1680. The investigation 
made by the officials of the department of justice in the 
court of private land claims showed that the Indians al- 
most unanimously agreed that their traditions were that 
the retreat mentioned was made to a pueblo located much 
farther south than that designated in the petition for 
confirmation of the grant. The court of private land 
claims, on February 16, 1898, confirmed the grant and 
ordered the survey to be made, the north boundary to be 
located through the center of the old pueblo of Cochiti, 
and the western boundary to follow the crest of the first 
sierra of the Jemez mountains ; the eastern boundary was 



358 THE SPANISH AECHIVES OF NEW MEXICO 

established at the Rio Grande, and the southern at the 
northern line of the lands belonging to the Cochiti In- 
dians. The area confirmed was 19,112.78. 

1233 TOMAS RIBEROS (Viveros?). Santa Fe. 

Will. 1843. Santiago Armijo, Alcalde. 

1234 SAN FELIPE and SANTA ANA Pueblos. 1819. 

Question of lands. Joseph Mariano de la Pena, Alcalde. 

Proceedings had in carrying into effect a decision of 
the Royal Audiencia with regard to the sale of certain 
lands by the pueblo of San Felipe to Spanish citizens, 
said lands in fact not being the property of the vendors 
but really belonging to the Indians of the pueblo of Santa 
Ana. 

On August 5, 1819, Don Jose Mariano de la Pefia, chief 
alcalde of Alburquerque, who had been appointed by 
Acting Governor Facundo Melgares to carry out the de- 
cision of the Royal Audiencia, called together the people 
of San Felipe and the citizens to whom they had sold the 
lands, and explained to the Indians that they must make 
good to the citizens the sales which they had improperly 
made to them of lands which had been decided to belong 
to Santa Ana. 

The Indians decided that to Juan Domingo Archiveque, 
Juan Pablo Archiveque, Francisco Gutierrez, Jose Garcia, 
Alonso Garcia, and Bias Chavez, they would give lands 
which they owned by purchase at Algodones, the pur- 
chasers being satisfied with this arrangement. 

The value of the lands purchased from the Indians by 
Don Juan Bautista Gonzales amounted to 2,434 pesos, ac- 
cording to the values recognized at that time. The In- 
dians were willing to make this good, but they objected 
to giving that amount of land, although they had unim- 
proved lands which they had purchased on the west side 
of the river. Both the alcalde and the protector of In- 
dians, Don Ignacio Maria Sanchez y Vergara, tried to 
persuade them that it would be better to give the lands 
than to pay money, and left them to think over the matter, 
thus concluding the proceedings for that day. 

On August 7, 1819, Pena again took up the matter and 
proceeded to the lands which the Indians were to give to 
the citizens in place of those which they had formerly 
sold to them. He then measured to each purchaser what 
belonged to him according to the recitals of his deed. In 
connection with this feature of the case Pena makes the 






THE SPANISH AECHIVES OF NEW MEXICO 359 

following statement : ' * and as all purchased uncultivated 
land and now they delivered it cultivated, for the im- 
provements of them there was assigned respectively to 
each one the fourth part for his purchase, and both in- 
terested parties remained satisfied," etc. If my transla- 
tion of this statement is not very clear, it is at least as 
clear as the original, the meaning of which in many places 
is very obscure. 

The next proceeding is dated August 12, 1819. Pena 
states that the governor of San Felipe and one of the 
principal men being present, they agreed to give to Juan 
Bautista Gonzales some of the land which the pueblo 
owned by purchase on the west side of the river, at a 
place called Las Lemitas ; that he then went to said place 
and measured from the boundary of the community of 
Santa Ana toward the north 1,000 varas; that at this 
point Gonzales and the governor of the pueblo got into a 
dispute over several points on which they could not agree, 
so the matter was left in that condition and the parties 
went home. 

On August 13, 1819, Pefia ordered the San Felipe peo- 
ple to present to him the deed of purchase of the land 
which had been in dispute. He states that the document 
was from the year 1753, and acknowledged before Don 
Tomas Velez Cachupin, and that the boundary which it cites 
is the old Angostura on the south, and the boundary of the 
pueblo of San Felipe on the north, the edge of the river on 
the west, and the hills on the east. 

Pena comes to the conclusion that these boundaries, 
taken in connection with other matters within his knowl- 
edge, show that he was correct in the decision he had 
made in the month of May when he reported to the Royal 
Audiencia of the district that the land in question did not 
belong to San Felipe, but to Santa Ana. He adds that 
perhaps the mistake made by the San Felipe people in 
selling the land was made through ignorance. Finally he 
transmits the proceedings to Governor Melgares for the 
decision of that officer. 

The style of composition of this man Pena is such as 
to make it very difficult in many instances to understand 
what he meant, and practically impossible to make an in- 
telligible translation of much that he said. 

1235 JOSE ORTEGA. Santa Fe. 

Will. 1825. Francisco Garcia, Cabo. 



360 THE SPANISH AECHIVES OF NEW MEXICO 

1236 GALISTEO. 

Petition in regard to the construction of a reservoir. 1840. 

1237 MARIA EOSALIA DUEAN DE AEMIJO. Santa Fe. 

Will. 1768. Phelipe Tafoya, Alcalde. 

1238 No value. 

Relative to the money known as Pesos de la Tierra, which 
the writer says is an imaginary money f 

1239 No value. 

1240 No value. 

1241 MATEO GAECIA. 1833. 

Report of committee on his petition for land at Abiquiu. 
Suspended because land was in litigation. 

1242 No value. 

1243 TEANSMITTAL of Cases of Indians of Cochiti. The 
Ortizes and Indians of Santo Domingo vs. Luis Baca. 
To the Eoyal Audience at Guadalajara. 1817. 

Rough draft of a letter, dated December 17, 1817, prob- 
ably by Pedro Maria de Allande, to the attorney, Don 
Bias Abidiano y Tassol, in the City of Mexico, stating 
that all the documents in a formal expedients, then ex- 
isting in the government archives, and relating to the 
Cile (Sile?) ranch, which was in litigation between the 
Indians of Cochiti and the Ortizes, and the Indians of 
Santo Domingo with Don Luis Baca, had been sent to 
the Royal Audiencia of Guadalajara on May 31, 1817, be- 
cause of their having been requested in a letter, Janu- 
ary 31. 

1244 ANTONIO AEMIJO and 70 Families. 

Draft of title to lands at junction of the rivers Sapello, 
Mora, and Coyote, in Mora county, 1837. Not signed. 
Grantees not designated. 

1245 INDIANS OF XEMES vs. EAFAEL GAECIA, 1833. 

Question of boundaries. Salvador Montoya, Alcalde. 

Letter of April 18, 1833, from the alcalde, Salvador 
Montoya, to the jefe politico, asking for instructions in 
regard to measuring the league of the pueblo of Jemez. 

It appears that the alcalde had already made a measure- 



THE SPANISH AECHIVES OF NEW MEXICO 361 

ment at the request of Rafael Garcia, beginning at the 
church in the pueblo, and measuring the league with a 
hair rope 50 varas in length. This resulted in the measure- 
ment of the league extending over into lands of Garcia 
about one hundred varas. Thereupon the rope with which 
the line had been measured was again tested, and it w!as 
discovered that it had stretched almost a vara, so the 
parties agreed that 50 varas of the overlap of 100 should 
be allowed to Garcia. 

Subsequently some question arose between the alcalde 
and the parties in regard to the payment of the former's 
fees, and also between Garcia and the Indians as to the 
proper manner of making the measurement. Garcia was 
not satisfied, and wanted the distance of 5,000 varas 
measured anew with poles instead of a rope. The In- 
dians insisted that as they were settled there prior to 
Garcia, the land should be measured with a rope, as it 
had been when it was first given to them, and that the 
measurement should begin from their first church instead 
of the one in existence at the time of the controversy. 

Apparently the contending parties made a good deal 
of trouble for the alcalde, and he sought the advice of 
the governor, not only in regard to the proper manner of 
making the measurement of the league, but also as to his 
fees in the matter. But he did not get much consolation 
from that officer. On the back of the letter to the gov- 
ernor is a rough draft of his reply, dated April 23, 1833. 
He tells the alcalde that it is not the governor's business 
to resolve doubts that may arise in the minds of the al- 
caldes with respect to the administration of justice, and 
that the alcalde had better consult an attorney ; that with 
respect to his fees he should be governed by the schedule 
of fees in force in his district, or in lack of the latter, to 
the well established custom in such matters, provided it 
was not in conflict with the laws. 

1246 DOMINGO SANCHES. Santa Fe. 1825. 

"Will. Francisco Garcia, Sargento. 

1247 DOMINGO SAENZ. Santa Fe. 1827. 

"Will. Francisco Garcia, Sargento. 

1248 TAOS VALLEY, 1753. 

Order to fence lands to avoid trouble with Indians. Tomas 
Velez Cachupin, Governor. 



362 THE SPANISH AKCHIVES OP NEW MEXICO 

1249 MARIA DE LA LUZ XAEAMILLO. 

Will. Santa Fe, 1825. Jose de Laranaga, Cabo. 

1250 PRIVILEGES of DESCENDANTS of CONQUER- 
ORS, 1694. 

El Conde de Galve. 

1251 CIENEGA of Santa Fe. 1705. 1717. 

Francisco Cuerbo y Valdes, Governor. Juan Paez Hur- 
tado, Governor. 

Proclamation prohibiting the pasture of animals in the 
cienega at Santa Fe, March 27, 1717, by Captain Gen- 
eral Juan Paez Hurtado ; signed also by Miguel Thenorio 
de Alba. 

Another proclamation by Don Francisco Cuervo y 
Valdez, governor and captain-general; same prohibition; 
April 25, 1705 ; a violation of the order was penalized by 
"un mez de carcel" and the second by two months guard- 
ing the horseherd of the royal garrison. This order has 
a fine signature of Governor Cuervo y Valdez and also of 
Captain Alonso Rael de Aguilar. 

1252 TITLES to Granted Lands. Notice to all persons to 
present. Santa Fe, 1707. 

El Marques de la Penuela. 

1253 FRANCISCA ANTONIA DE GUIJOSA. 1715-1716. 

Piece of paper belonging to her land grant papers. Re- 
ported Claim No. 109, q. v. 

1254 BALTAZAR ROMERO to Alejo Gutierrez. Santa 
Fe, 1715. 

House and land. Order to give grantee testimonio. Pedro 
de Villasur, Lieutenant-Governor. 

1255 CIENEGA of Santa Fe. 1720. 

Pedro de Villasur, Lieutenant-Governor. Fine signature. 
April 12, 1720. 

1256 FRANCISCO DE MASCAREfiAS and Brothers vs. 
Juan Rodriguez. 

Question of a small tract of land in Santa Fe. 1737. En- 
rique de Olavide y Michelena, Governor. Manuel Sainz 
de Garvisu. Pedro Joseph de Leon. 



THE SPANISH ARCHIVES OF NEW MEXICO 363 

1257 NEW MEXICO and NEW BISCAY. 1745. Bound- 
aries. 

Joachin Codallos y Rabal, Governor. 

1258 INVENTORY of Documents in the government arch- 
ives delivered by Joachin Codallos y Rabal to Tomas 
Velez Cachupin, his successor, 1749. 

1259 MINING REGULATIONS. 1777. Comandante Gen- 
eral de las Provincias Internas del N. E. Caballero de 
la Croix. This officer was the first to hold this office. 

1260 EL CABALLERO DE CROIX. 1780. 

Letter to Juan Bautista de Anza, Governor. 

1261 RECORD of Brands and Land Grants, made appar- 
ently by order of Juan Bautista de Anza, Governor. 
Signed by him. Santa Fe, 1787. 

The land grants are as follows: 

Domingo Romero, Manuel Ortiz, Miguel Ortiz, 1782. 
The Mesita de Juana Lopez. Juan Bautista de Anza, 
Governor. 

This grant was surveyed in 1876 and confirmed by con- 
gress January 28, 1879. There was a conflict- with the 
grant to the pueblo of Santo Domingo and a conflict with 
the Ortiz Mine Grant. The conflict with the Santo Do- 
mingo was a strip six miles long and nearly a mile in width 
of the eastern end of the Pueblo Grant. The confirmation 
confirms the title to all included within the survey of 
1876. In 1907 a new survey of the Pueblo Grant was 
made and resulted in greatly increasing the conflict with 
the Mesita de Juana Lopez, the conflict under the last 
survey being about 20,000 acres. The fact that the Pu- 
eblo Grant had been patented seems to have made no dif- 
ference in the making of the order for the new survey. 
The Juana Lopez has not been patented, but that, under 
the wording of the act of confirmation, is considered un- 
necessary. 

Sabinal. Order that the new settlers be put in posses- 
sion. 1782. Juan Bautista de Anza, Governor. 

Jose Apodaca, Diego Gonzales, Pablo Anaya. Lands 
at Alburquerque. 1782. Juan Bautista de Anza, Govern- 
or. 

Mateo Roibal. 1782. Grant of lands at Jacona, for- 



364 THE SPANISH AECHIVES OF NEW MEXICO 

merly granted to Ignacio Roibal in 1702, by Pedro Rod- 
riguez Cubero, Governor. Juan Bautista de Anza, Gov- 
ernor. 

This land was at the pueblo of Jacona (Tewa) aban- 
doned in 1696. Ignacio Roibal was one of the soldiers 
under General De Vargas, with the rank of ensign; his 
wife was Francisca Gomez; a portion of the site of the 
old pueblo and its lands had already been granted to 
Captain Jacinto Pelaes, when Ignacio Roibal petitioned 
for the remainder. Roibal was a man of some means, as 
he stated to the governor that he had sufficient live stock 
to use the entire property for grazing purposes ; the prop- 
erty was bounded on the east by the lands of Juan de 
Mestas and lands of Oyu (formerly of Francisco Anaya 
de Almazan) ; on the north by the road which leads to the 
new village of Jacona and some bluffs above said road; 
on the west by a canada, which comes down by a house 
built by Matias Madrid and some red bluffs near the small 
mesa of San Yldefonzo; and on the south by the forest 
between this village and Jacona. The property was given 
to him October 2, 1702, by the castellan, Pedro Rod- 
riguez Cubero, at the time governor and captain-general. 
At this time Captain Pelaez was dead and his son had in- 
herited the tract given to the captain. The place has been 
occupied by the descendants of the original grantee ever 
since and is now known as "Los Roibales." 

Roque Lovato. Grant. Lands at Santa Fe. 1785. Juan 
Bautista de Anza, Governor. 

This grant had for its boundaries, on the north the top 
of the dividing line or ridge between Santa Fe and 
Tesuque ; on the south the road running along the foot of 
the hills eastward from the "Muralla" in Santa Fe; on 
the east some black hills, and on the west the road from 
Santa Fe to Rio Arriba. 

Roque Lobato was an armorer in the royal garrison of 
Santa Fe; the grant was made September 23, 1785, by 
Juan Bautista de Anza, governor and captain-general, 
and possession was given by Jose Maldonado. At this 
time Jose Miguel de la Peiia was chief alcalde and war- 
captain of the Villa of Santa Fe and its jurisdiction. 
Roque Lobato died the same year and his widow, Josefa 
Armijo, on account of a debt of $450.00, created by her 
late husband "at the house of Jose Ortiz," for the pay- 
ment of which her husband had sold the property to a 
soldier named Jose Ribera, deeded the property to Ri- 
bera. 






THE SPANISH AECHIVES OF NEW MEXICO 365 

The "Muralla" was an old rampart or fort on the out- 
skirts of the City of Santa Fe, in the direction of Tesuque. 
This property belonged to Don Gaspar Ortiz in 1851. 

Lorenzo Marques. Grant. 1785. Lands at the Canada 
de los Alamos. Juan Bautista de Anza, Governor. 

Bartolome Marquez and Francisco Padilla received a 
grant of land near the city of Santa Fe from Don Gaspar 
Domingo de Mendoza in 1742. It contains about 1,300 
acres and is described : "On the east the Arroyo of Tierra 
Blanca ; on the west the road leading to Pecos ; where the 
lands of Cayetano, squadron corporal, adjoin; on the 
south the Arroyo Chamizos; and on the north the high 
hills, the boundary of the lands of Captain Antonio Mon- 
toya, deceased." 

A grant was made to Lorenzo Marquez in 1785, by 
Don Juan Bautista de Anza ; the land covered a * ' surplus 
to the lands of Captain Sebastian De Vargas; on the 
south and west it adjoined the little valley called La 
Canada de La Tierra ; on the east the Pecos road going to 
the ranches of La Cienega." Possession was given by Don 
Antonio Jose Ortiz, senior alcalde of Santa Fe, in the 
presence of Diego Montoya, Gabriel Ortiz, and Antonio 
Lujan and the ' ' only adjoining settler, ' ' Jose Maria Mon- 
toya. This property was sold by the heirs of Marquez to 
Simon Delgado, Pablo Delgado, Fernando Delgado, and 
Felipe Delgado, on June 20, 1856. 

Antonio de Armenta. Grant. 1786. Salvador Antonio 
Sandoval. Lands between the pueblos of Zia and Xemes. 
Town of San Isidro Grant. Juan Bautista de Anza, gov- 
ernor. 

The Town of San Isidro Grant lies between the Jemez 
and Zia Grants. The records of the surveyor-general do 
not show that any patent has ever been issued for this 
property. 

Whenever a grant was applied for, the tract being ad- 
jacent to any of the lands belonging to the pueblos, in 
nearly every instance the "league" of the pueblos is re- 
ferred to and the consent of the pueblos seems to have 
been secured before the making of a grant or the putting 
in possession of the applicant. This clearly appears in 
the grant to the original settlers of San Isidro de Los 
Dolores, in the act of possession and in the petition itself. 
The act of possession is as follows: 

"At this point of San Isidro de Los Dolores, on the 16th 
day of the month of May, in the year one thousand seven 
hundred and eighty-six, I, Don Antonio Nerio Montoya, 



366 THE SPANISH AECHIVES OF NEW MEXICO 

senior justice and war-captain of the jurisdiction of San 
Carlos de la Alameda, by virtue of the commission con- 
ferred upon me by Don Juan Bautista de Anza, colonel of 
cavalry of the royal armies of His Majesty, political and 
military governor of this Province of New Mexico, being 
at the aforementioned place, having summoned the natives 
of the Pueblos of San Diego de Jemez and Cia, who are 
adjacent residents, and having measured the league be- 
longing to them, with two hundred and sixty-two varas 
more, with which they expressed themselves satisfied ; some 
of the Indians having planted some small patches and not 
to offend them, I allowed them to retain possession of 
them, with your Excellency's permission. I also pro- 
ceeded to the Pueblo of Cia and measured the league be- 
longing to that pueblo, with the further amount of one 
thousand six hundred and thirty-two varas which the In- 
dians purchased from Juan Galvan, as shown by the title 
deeds of said purchase, and the aforementioned lands I 
assigned and added thereto one thousand varas more, the 
Indians having asked me for it, and the said Indians hav- 
ing shown to me a sale made by the late Miguel Montoya, 
which boundaries are in a canon commonly called El Rito 
Salado ; that this canon is the pasture ground and summer 
range of their cattle; the boundaries for which land are 
the same called for in the title-deed; on the north a red 
hill; on the south a white table-land, and on the east the 
Jemez river itself; and having informed myself of the 
contents of the two deeds, and having found in them only 
what has been above stated, I gave the two pueblos to un- 
derstand what belonged to each of them that of Cia 
what they had acquired by purchase, and that of Jemez 
what had been granted to them by His Majesty; and be- 
lieving that neither of the two Pueblos was entitled to 
the piece of ground which is unoccupied, and it being the 
intention of our sovereign that his lands shall be settled 
upon by his subjects wherever there may be any surplus, 
and finding no impediment, and by virtue of the commis- 
sion which I hold from His Excellency, I proceeded to the 
land lying between the two Pueblos, which, upon being 
measured, was found to contain two thousand nine hun- 
dred varas, and no person appearing who claimed a better 
right, both Pueblos being present, as well as the Senior 
Justice, Antonio de Armenta, and the militia sergeant, 
Salvador Antonio Sandoval, and being informed of all the 
circumstances, I took them by the hand, walked with them 
over the land, they pulled grass, threw stones toward the 



THE SPANISH AKCHIVES OF NEW MEXICO 367 

four winds of heaven, and we all exclaimed three times, 
''Long life to the King, Our Sovereign," (whom may God 
preserve), in proof of legal possession which I gave them, 
and they received quietly and peacefully, without any op- 
position; the boundaries whereof are as follows: on the 
north the lands of Jemez; on the south the lands of the 
Pueblo of Zia; on the west the mountain of the Espiritu 
Santo Spring, at the place commonly called Los Bancos; 
on the east the lands of the aforementioned senior justice, 
Antonio Nerio Montoya, which is the road leading from 
Cochiti to Jemez. And having assigned their boundaries, 
and no injury resulting thereby, and being satisfied with 
them, I directed them to erect permanent boundaries; 
and in order that it may so appear, I, Antonio Nerio Mon- 
toya, as commissioner and senior justice, at the same 
time, signed with two attending witnesses, with whom I 
act in the absence of a royal or public notary, there be- 
ing none in this Kingdom; to which I certify. 

"NERIO ANTONIO MONTOYA 
1 'Witnesses: TORIBIO GONZALES, SALVADOR LOPEZ." 

1262 SOLDIERS' QUARTERS at Santa Fe, 1788, 1790, 
1791. 

1263 PEDRO DE NAVA. October 22, 1791. 

Decision that notwithstanding the provisions of Article 
81 of the Ordinances of Intendentes, Captains of Presidios 
may grant lots and other lands within the four leagues 
belonging to each presidio. 

On October 22, 1791, Don Pedro de Nava, then com- 
mandant-general of the Provincias Internas, with the ap- 
proval of the viceroy, promulgated at Chihuahua what 
is known as the "Order of Pedro de Nava." This order 
made provision for the allotment of lands by the captains 
and commandants of presidios within the presidial juris- 
diction. 

This order of de Nava was revoked on January 19, 1793, 
because in violation of Article 81 of the "Ordinance of 
Intendants," which gave those officers exclusive jurisdic- 
tion over the sale, allotment, and composition of crown 
lands in the provinces under their jurisdiction. This or- 
der of revocation is as follows: 

"In the Superior Board of the Royal Treasury His Ex- 
cellency, the Viceroy, approved provisionally the course 
you took on the 22nd of October, 1791, and which I com- 
municated to you on the same date, that, notwithstand- 



368 THE SPANISH AECHIVES OF NEW MEXICO 

ing the provisions of Article 81 of the Royal Ordinance 
of Intendants, the captains and commandants of presidios 
should continue selling lots and lands to the soldiers and 
residents who applied for them in order to establish 
themselves under their protection, limiting this power to 
the area of four common leagues, measured from the cen- 
ter of the plaza of each one, two to each wind ; but to the 
end that the permanent ruling that is to be observed in 
the matter may be made in said Superior Board, I was in- 
structed to confer with said Captains and Commandants 
on the consultation that furnished the occasion for making 
that declaration. It was restricted substantially, under 
the provisions of Articles 7, 81, and 306, of said Ordinance 
of Intendants, to the order to the Captains and Command- 
ants to suspend the apportionment of lands which they 
were making under Article I, title II, of the regulations 
of Presidios; since those articles give to said intendants 
in the whole territory of their several provinces, exclusive 
cognizance of the transactions that occur in the matter, 
such as are the sales, compositions and apportionments of 
crown and vacant lands ; and on the contrary, the treasury 
would be deprived of the fees that belong to it. 

"Afterwards, there was brought before His Excellency, 
the Viceroy, the point that said articles of the Ordinance 
of Intendants conferred on those who filled those offices 
absolute political jurisdiction even in the settlements bor- 
dering upon the enemy ; the opinion being that it was pre- 
judicial for the Captains and Commandants of Presidios 
to exercise it with prohibition and without the cognizance 
of the governors-intendants, and that it was less so, for the 
power to sell and apportion lands to belong exclusively 
to them. 

"The first was based on the belief that the residents 
would be better governed by the judges whom the In- 
tendant would appoint, they would have less distant, the 
appeal to the latter than the commandancy general in 
their complaints and grievances, it would cause them no 
expense to bring their suits, nor would they suffer the 
vexation and annoyances the military and civil head of- 
ficials cause them, by proceeding despotically and arbi- 
trarily in their decisions; so that they saw themselves 
obliged not a few times to abandon their establishments, 
or they made them leave them by inflicting banishment 
upon them without hearing them, besides, also, it would 
better facilitate the storing of grain, which the troops 
need, inasmuch, as the Intendant would attend to encour- 



THE SPANISH AECHIVES OF NEW MEXICO 369 

aging it among the frontier residents with greater energy 
than could the captains and commandants; and the sec- 
ond, in that the royal treasury is prejudiced, his Majesty 
failing to receive the composition fees for the lands that 
are apportioned in the four jurisdictional leagues of the 
Presidios. 

' ' In order to comply with the resolution of the Superior 
Board, you will immediately circulate this order to the 
Captains and Commandants of Presidios in that Province, 
to the end that they may report without delay through 
you (and you will do the same with regard to that of 
Loreto which is under your charge), whatever occurs and 
appears to them, together with an individual notice of the 
settlements contained in the four leagues assigned to each 
one as its area ; and another of the residents and settlers 
therein, with a statement of the number of persons of 
both sexes that compose them, besides the troops. 

"God preserve you many years. 

"PEDRO DE NAVA [rubric] 

"Chihuahua, January 19, 1793." 

Under and by virtue of the Ordinance of Intendants of 
December 4, 1786, New Spain, with the exception of the 
Californias, was divided into twelve Intendancies, as fol- 
lows: Mexico, Puebla, Guadalajara, Oaxaca, Guanajuato, 
Merida de Yucatan, Valladolid, San Luis Potosi, Durango, 
Vera Cruz, Zacatecas, and Sonora and Sinaloa (Arispe). 

Each of the foregoing political divisions was entrusted 
to an officer under the name of intendant, who had juris- 
diction in the four departments of justice, police, treasury, 
and war, but the intendants of Sonora and Sinaloa 
(Arispe) and Durango, in matters of justice and police, 
were subordinate to the commandants general of their 
provinces, and the other ten to the viceroy, and all of 
them to the Territorial Audiencias. 

There was also to be an intendancy general of the army 
in the City of Mexico, and the intendant general was the 
delegate in Mexico of the superintendency general of the 
royal treasury of the Indies. 

A superior board of the treasury, to reside in the City of 
Mexico, was also created and the intendant general was its 
president. 

Under Article 81 of the Ordinance of Intendants, these 
officers were empowered to make sales and compositions 
of the crown lands of their several provinces. The orig- 
inal proceedings had by them were to be forwarded to the 



370 THE SPANISH ARCHIVES OF NEW MEXICO 

superior board of the treasury for approval. The in- 
tendants issued the titles upon such approval and these 
were again forwarded to the board of confirmation. 

1264 MARIA ANTONIA LUCERO. 1791. 

Letter of Francisco Xavier Bernal to Fernando de la 
Concha in relation to her unwarranted claim to certain 
lands. 

1265 NEW SETTLEMENTS. 

Copy of instructions for the formation and management 
of the same. 1800. Certified by Manuel Merino. 21 
pages. Perfect copy. Very legible. 

1266 CEVILLETA. 1800. 

Draft of letter of the Governor of New Mexico to Don 
Pedro de Nava. 

1267 COLONISTS from Louisiana. 1806. 

Letter of Nemesio Salcedo in regard to. 

1268 XEMES. Juan de Abrego, 1806. 

Settlements at Xemes. Letter to the Governor. 

1269 VALLECITO Grantees of: 1808. 

Two letters of Ignacio Sanchez de Vergara, in one of 
which the Vallecito is mentioned. 

1270 LANDS held by purchase, grant, inheritance, etc. 
1809. 

Draft of a letter of the Governor of New Mexico to Ne- 
mesio Salcedo, acknowledging the receipt of a letter in- 
forming him that the time designated for the re-settle- 
ment of such had expired and no one should be permitted 
to use them without notice to the authorities. 

1271 FRANCISCO ORTIZ. 1809. 

Draft of a letter of the Governor of Neiv Mexico to Ne- 
mesio Salcedo in regard to tract of land asked for by said 
Ortiz. Also giving account of the custom that had for- 
merly obtained in New Mexico in the manner of making 
grants. No. 1081, q. v. 

1272 RESIDENCE of the Governor, Santa Fe. 1810. 

Describes the bad condition of the palace in 1810, which 
had been the residence of the governors. 



THE SPANISH AECHIVES OF NEW MEXICO 371 

1273 SAME subject. 

Salcedo writes to the Governor of New Mexico about the 
condition of the palace. 

1274 CINNABAR MINES in New Mexico, 1810. Not 
known. 

1275 EANCHOS DE ALBURQUEEQUE. 1811. Jose An- 
tonio Cbaves. 

Objections to the opening of a road through his land. 

Los Ranches or Helena Gallegos Grant, R. No. 156. 

This property is known as the Ranches de Alburquerque 
Grant. Two suits were filed in the court of private land 
claims which were consolidated for the purposes of the 
hearing; the grant was confirmed and later surveyed for 
35,000 acres. The northern line of this grant touches the 
southeast corner of the Sandia Grant. It was patented 
February 25, 1909. 

1276 JOAQUIN CASTILLO. 1812. 

Question of certain lands in the Belen Grant which he had 
purchased. Jose Antonio Chaves, ex-Alcalde. 

1277 LA MAJADA Tract. 1813. 

Complaint against Miguel Ortiz. 

1278 DOMINGO CHAVES. 1813-1820. Eancho de Per- 

alia. 

Question of partition. Manuel Ruvi de Celis, Alcalde. 
Bartolome Baca ; Facundo Melgares, Governor ; Francisco 
Sarracino; Francisco Xavier Chaves; Manuel Aragon. 

1279 INDIANS OF SANTA CLAEA vs. Indians Can- 

j 1815. 
Question of lands. Miguel Lopez, Alcalde. 

Letter of November 11, 1815, from Miguel Lopez, al- 
calde of Santa Cruz, to the acting governor of New Mex- 
ico (probably, at that time, Alberto Maynez), stating the 
opinion of the alcalde as to the merits of a controversy 
between the Indians of the pueblo of Santa Clara and 
certain individuals of the tribe, named Canjuebes, who 
had abandoned their tribal relations and become Spanish 
citizens, but who still claimed lands within the pueblo 
grant. Apparently this controversy had been passed on 
by the acting governor and had at last reached the com- 
mandant general at Durango. 



372 THE SPANISH AECHIVES OF NEW MEXICO 

Evidently the alcalde strongly favored the contention 
of the Canjuebes, and he pretty strongly intimates that 
the governor had overlooked the justice of their side of 
the case. 

The rough draft of the governor's reply immediately 
follows the alcalde's letter. It is a scathing rebuke of the 
latter 's interference in a matter which did not concern 
him. The governor remarks, however, that he is not sur- 
prised at it, as the alcalde 's ignorance is notorious. 

1280 BEENAEDO BONAVIA. 1815. 

Letter in regard to the question raised in No. 1279. 

Letter of December 27, 1815, by Bernardo Bonavia, 
commandant general at Durango, to the acting governor 
of New Mexico, approving his decision in the matter of 
the controversy between the pueblo of Santa Clara and 
certain individuals of that town who had abandoned their 
tribal relations, but still desired to hold land within the 
pueblo grant. This is the same controversy referred to in 
archive 1279. 

Bonavia directs the acting governor to give the Can- 
juebes to understand that if they want to hold the lands 
in dispute, they must go back and become part of the pu- 
eblo community, but if they want to retain their Spanish 
citizenship they must buy the lands they need elsewhere, 
as do other citizens of the Province. 

1281 LOS QUELITES. 1817. Juan Jose Chaves 'and 
others. 

Petition for the said tract. Refused and recommended to 
go to Socorro. Allande, Governor. Josef Mariano de la 
Pefia, Alcalde. Jose Gabriel Sanchez. 

1282 MILITAEY MATTEE, 1819. 

1283 LUIS MAEIA CABEZA DE BACA. 1819. 

Costs in Royal Audiencia at Guadalajara in the matter of 
the sale of certain ranches to the Indians of San Buena- 
ventura de Cochiti. Rafael Cuentas. 

Detailed statement of costs incurred in the Royal Audi- 
encia at Guadalajara by Don Luis Cabeza de Baca in a 
suit had with the Indians of Cochiti in relation to the sale 
of some ranches. 

1284 LETTEES (2) of June 19, 1820, by Governor Fa- 
cundo Melgares, one to Alejo Garcia Conde, Com- 



THE SPANISH ARCHIVES OF NEW MEXICO 373 

mandant General, the other to the Eoyal Audiencia 
of Guadalajara. 

In relation to certain costs due the employes of that tri- 
bunal by Don Luis Maria Cabeza de Baca. 

These costs were incurred in the suit with the Cochiti 
Indians referred to in archive 1283. 

The governor says that cash was so scarce that Baca 
had been unable to raise the amount of the costs in money 
(192 pesos 7 reales) and consequently had turned over to 
the soldiers of the company at Santa Fe eight mules, 
which the governor asks the commandant general to charge 
to the company, paying to the Royal Audiencia the costs 
in question. 

1285 CEBOLLETA. 1821. 

Disposition of land in said settlement which had belonged 
to Salvador Chaves. It was given to Juan Bautista Chaves 
by Jose Manuel Aragon, Alcalde. Mariano Sanchez Ver- 
gara, Alcalde. 

1286 JOS MARIA ALARID. 1821. 

Petition for land at Las Nutrias, Valencia county. Not 
granted. Juan Cruz Baca, Alcalde. Facundo Melgares, 
Governor. 

1287 LUIS MARIA CABEZA DE BACA. 1821. 

In the matter of a grant of land asked for by him. De- 
cision of the Deputation of Durango giving him the tract 
called Las Vegas Grandes. Diego Garcia Conde. Miguel 
de Zubiria. 

The early history of the Las Vegas Grant is given in a 
report of Surveyor- General William Pelham, before whom 
the grant came for consideration in 1858, and who found, 
at the time, that there were two claimants to the land, one 
the heirs of Luis Maria Cabeza de Baca and the other the 
Town of Las Vegas. 

On January 16, 1821, Luis Maria Cabeza de Baca, in 
his own name and that of seventeen male children, peti- 
tioned the Provincial Deputation of the State of Durango, 
under whose jurisdiction, he avers, the Province of New 
Mexico then was, for a tract of public land suitable for 
cultivation and pasture, called the Vegas Grandes, on the 
Gallinas river, in the jurisdiction of El Bado. In this 
petition he states that a like petition had been made to 
the authorities of the Province of New Mexico, and that, 
by a decree of the 18th of February, 1820, the land was 



374 THE SPANISH AECHIVES OF NEW MEXICO 

granted to him and to eight other persons, but as these 
persons already possessed land elsewhere they took no in- 
terest in its cultivation, and prays that the grant be made 
to himself and his aforementioned children, with the fol- 
lowing boundaries, to-wit: 

On the north, the Sapello river ; on the south the bound- 
ary of El Bado; on the west the summit of the Pecos 
mountain; on the east the Aguage de la Yegua and the 
boundary of Don Antonio Ortiz. 

Governor Bartolome Baca, on October 17, 1823, holding 
the title of political chief, directed the alcalde of El Bado 
to place Luis Maria Cabeza de Baca in possession of the 
land called for in his petition, as the eight individuals 
who accompanied him in his first petition had placed no 
improvements on the land, and the alcalde was required to 
certify at the foot of the order the proceedings had by 
him in the premises. 

The claim of the Town of Las Vegas was based upon the 
following proceedings : 

On March 20, 1836, Juan de Dios Maese, Miguel Archu- 
leta, Manuel Duran and Jose Antonio Casados, for them- 
selves and in the name of twenty-five others, petitioned 
the ayuntamiento of El Bado for a tract of land for 
cultivation and pasture, situated in the county of El 
Bado and bounded as follows : on the north by the Sapello 
river ; on the south by the boundary of the grant to Don 
Antonio Ortiz; on the east by the Aguage de la Yegua; 
and on the west by the boundary of the town of El Bado. 

On the same day the ayuntamiento of El Bado sent the 
petition to the Territorial Deputation with the recommend- 
ation that the petition be granted. 

On March 23, 1835, the grant was made by the Terri- 
torial Deputation with the boundaries asked for, with the 
further provision that persons who owned no lands were 
to be allowed the same privileges of settling upon the 
grant as those who petitioned for it. 

On March 24, 1835, Francisco Sarracino, acting gov- 
ernor and political chief, directed the constitutional al- 
calde of El Bado to place the parties in possession, and 
adding : i ' It is also convenient to suggest to you that you 
should select for the settlers a townsite and provide them 
with lots for residence, together with such other steps as 
you may deem proper for the security of the inhabitants, 
who on account of settling on the land indicated will be 
included in your jurisdiction." 



THE SPANISH AECHIVES OF NEW MEXICO 375 

The constitutional alcalde of El Bado made report to 
Governor Sarracino as follows: 

"At Nuestra Senora de los Dolores de Las Vegas, on 
the sixth day of the month of April, in the year one 
thousand eight hundred and thirty-five, jurisdiction of 
San Miguel del Bado, I, citizen Jose de Jesus Ulibarri y 
Duran, Constitutional Alcalde, the only one in this juris- 
diction, proceeded to this town for the purpose of appor- 
tioning the lands to the twenty-five individuals mentioned 
in the petition dated March 20, 1835, and in general to 
those who are without lands, not only those within this 
jurisdiction, but also anyone who may present himself to 
me, who has no occupation, and, having examined the 
land, I took the measure from north to south, after which 
I made the apportionment according to that portion of 
the colonization law which refers to grant of public lands, 
each individual received a gratuitous piece of land, ac- 
cording to his means, with the understanding that the 
lands given to the persons contained in the accompanying 
list, one should remain uncultivated." 

The surveyor-general, Pelham, considered both of these 
titles good and recommended both for confirmation, leav- 
ing to the several claimants the right of adjusting their 
titles in the courts. But Congress (a Senate committee) 
did not agree with the surveyor-general as to the best 
manner in which these conflicting titles should be dis- 
posed of. The committee said : 

"The claimants under the title to Baca have expressed 
a willingness to waive their older title in favor of the 
settlers, if allowed to enter an equivalent quantity of 
land elsewhere within the Territory ; and your Committee 
cannot doubt that Congress will cheerfully accept the pro- 
posal, which, indeed, would undoubtedly have been ac- 
ceded to by Mexico if the Territory had remained hers, 
to whose rights and duties the United States have suc- 
ceeded." 

Congress confirmed the grant to the Town of Las Vegas 
and settled the claim of the Baca heirs in the following 
language : 

"And be it further enacted, that it shall be lawful for 
the heirs of Luis Maria Baca, who make claim to the said 
tract of land as is claimed by the Town of Las Vegas, to 
select, instead of the land claimed by them, an equal 
quantity of vacant land not mineral, in the Territory of 
New Mexico, to be located by them in square bodies, not 
exceeding five in number. And it shall be the duty of the 



376 THE SPANISH AKCHIVES OF NEW MEXICO 

surveyor general of New Mexico to make survey and lo- 
cation of the lands so selected by said heirs of Baca when 
thereunto required by them : Provided, however, that the 
right hereby granted to said heirs of Baca shall continue 
in force during three years from the passage of this act, 
and no longer." Approved June 21, 1860. 

The authority thus given to make locations was after- 
wiard exercised by the Baca heirs, and the lands thus 
acquired are known as "Baca Location" with the num- 
ber up to five. 

In 1887, the title of the town of Las Vegas to this 
property was attacked by Moses Milheiser and others. 
The case was finally determined by the supreme court of 
New Mexico in 1889, Chief Justice Long delivering the 
opinion of the court. The judicial determination favored 
the title of the town to the property and that title is now 
unquestioned. The grant has since been administered 
by a board of trustees, appointed by the presiding judge 
of the district court, pursuant to the provisions of legis- 
lative enactment. 

Don Luis Maria Cabeza de Baca claimed to be a de- 
scendant of Alvar Nunez Cabeza de Vaca, one of the first 
Europeans to cross the continent from the Gulf of Mexico 
to the Gulf of California. He came to the Province of New 
Mexico in the early part of the eighteenth century, with his 
father, Juan Antonio Cabeza de Vaca. His is the 
first of the name of Cabeza de Baca to appear in the 
archives of New Mexico. He was one of the most notable 
men of his time. In his petition for lands at the Vegas 
Grandes, the present location of the city of Las Vegas, 
he recites that he makes the request for himself and his 
seventeen male cMldren. He died at Pena Blanca, New 
Mexico, in 1833. A friend and neighbor, Jose Francisco 
Salas, who was present at his death and burial, states 
that he was killed by a soldier in the Mexican army on 
account of his having some contraband property in his 
possession, belonging to an American and which he re- 
fused to deliver to the soldier. Mr. Salas, in 1858, testi- 
fied that he knew Luis Baca, Prudencio Baca, Jesus Baca, 
Sr., Felipe Baca, Jesus Baca, Jr., Domingo Baca, and 
Manuel Baca, who were then living and that he had 
known Juan Antonio Baca, Jose Baca, Jose Miguel Baca, 
Ramon Baca, and Mateo Baca, all of whom were dead. 

Don Luis lived at the Vegas Grandes for a period of 
ten years, in a hut at the place known as the Loma Mon- 
tosa. He was finally driven off by incessant raids of the 



THE SPANISH ARCHIVES OF NEW MEXICO 377 

Pawnee, Kiowa, and Cumanche Indians. Don Tomas C. de 
Baca, son of Juan Antonio C. de Baca, was a very promi- 
nent man in New Mexico during his career. He left several 
children, among the rest Don Marcos C. de Baca, several 
times a member of the New Mexican Legislative Assembly, 
and a candidate for Congress in 1912. Don Domingo C. 
de Baca, son of Don Luis Maria, was believed to be con- 
nected with the conspiracy against the American officers 
at Santa Fe, in 1846-7. 

A complete list of the children of this notable New 
Mexican appears elsewhere in this work. 

1288 SANTA FE. 1822. 

Tract of land next to the house of the Cura. 

1289 JUAN RAFAEL OETIZ, Santa Fe. 

Question of debt. Facundo Melgares, Governor. 

1290 AYUNTAMIENTO of El Paso del Rio del Norte in 
regard to the extent of its jurisdiction. 

Don Juan Maria Ponze de Leon was secretary of the 
Ayuntamiento of Paso del Norte. 

1291 PEOVINCIAL DEPUTATION, 1822-1825. 

Inventory of documents in the archives. No. 1258. 

In the Journal of the Provincial Deputation are many 
items of interest relative to the lands of the Pueblo In- 
dians, the efforts of people to secure title to some of them, 
and the disposition of the Mexican authorities is reflected 
by these entries. 

These orders and decisions are as follows: 
February 16, 1824. Leaf 86, page 2. 

Three petitions, by eighteen different persons, asking 
for unoccupied agricultural lands belonging to the In- 
dians of Santo Domingo and San Felipe, were taken up 
for discussion. 

It was resolved to appoint Don Jose Francisco Ortiz 
to examine the lands, ascertain their extent and also to 
give the natives to understand that the Deputation could 
dispose of those lands. The right to decrease the num- 
ber of applicants was reserved for further discussion. 
March 12, 1824. Leaf 88, page 2. 

Don Jose Francisco Ortiz reported that he had exam- 
ined the surplus land at the pueblos of Santo Domingo 
and San Felipe, which was three-fourths of a league in 



378 THE SPANISH ARCHIVES OF NEW MEXICO 

extent, and the natives stated that it had been given to 
them for the pasturing of their animals. 

It was decided that the jefe politico (governor) 
should go to the pueblos in question, in company with 
Ortiz and such other persons as he saw fit to take and 
should partition to the two pueblos the land which they 
had held in common up to that time, in order that each 
might dispose of what belonged to it, with the same 
liberty as other citizens. The surplus lands were then to 
be disposed of. 
February 16, 1825. Leaf 41, page 2. 

There was taken up for consideration a petition by 
Miguel Rivera and others, in regard to lands on the 
Pecos river which had been partitioned to them by the 
alcalde of El Bado (Vado) by order of the jefe politico 
and from which they had been subsequently ejected. 

It was decided that the parties must be governed by 
the decision of the Deputation of February 16, 1824. 

In discussing this matter the question was raised 
whether the Pecos Indians could sell their lands or pre- 
vent the Deputation from making donations of those 
lands which they claimed to own but were not cultivating. 

Reference is made to such donations having been re- 
jected in accordance with section 5 of the law of Novem- 
ber 9, 1812. 
July 19, 1825. Leaf 55, page 2. 

A petition from various persons who asked for the sur- 
plus lands of the Nambe Indians, was referred to the town 
council of La Canada (Santa Cruz de la Canada] for re- 
port. 
September 15, 1825. Leaf 63, page 1. 

On the petition of Juan Diego Sena, asking for the 
granting of the surplus lands of the San Juan Indians, it 
was decided not to consider this and similar petitions, un- 
til the decision of the Federal government, as to a general 
rule to be observed in such cases, should be obtained. 

The San Juan Indians are referred to in this entry as 
"Citizens." 
November 17, 1825. Leaf 70, page 2. 

After considering a petition of the Pecos Indians, ask- 
ing that they be declared to be the owners of one league 
of land on each course, which amount of land had been 
considered to belong to each pueblo of the Territory, it 
was decided to refer the matter to the Federal govern- 
ment for interpretation of section 5, of the law of No- 
vember 9, 1812. 



THE SPANISH AKCHIVES OF NEW MEXICO 379 



July 18, 1827. Leaf 152, page 1. 

Two petitions of the Laguna Indians were presented to 
the Deputation; one relative to the interference of the 
Acoma Indians with the water rights of the petitioners; 
the other in regard to the attempt of the people of Cebol- 
leta to deprive the Lagunas of the Paguate ranch, which 
they claimed by purchase. 

The Lagunas also asked for a new grant to the Paguate 
ranch. 
June 25, 1827. Leaf 159, page 1. 

Two complaints of the Laguna Indians, presented to 
the Deputation on June 18, 1827, relative to the water 
rights dispute with the Indians of Acoma and the dispute 
with the people of Cebolleta as to the Paguate ranch, 
were transmitted to the jefe politico for his action there- 
on. 
June 27, 1827. Leaf 159, page 2. 

A memorial and deeds of Don Francisco Ortiz, relative 
to lands which he had bought of the Indians of San Ilde- 
fonzo, were referred for report to a committee composed 
of Antonio Ortiz, Francisco Baca y Ortiz, and Pedro 
Ygnacio Gallego. 
February 9, 1829. Leaf 22, page 2. 

A petition by Rafael Sanchez and others, asking for 
lands at San Jose, near the pueblo of Acoma, was taken 
up for discussion; it was decided that the constitutional 
alcalde of Laguna should investigate whether any person 
had acquired property rights there and whether the water 
with which the land was to be irrigated was independent 
of that used for similar purposes by the Indians of La- 
guna and Acoma. 

If such was found to be the case, and there was no ob- 
stacle, the parties were to be put in possession. 
January 8, 1831. Leaf 56, page 1. 

An application of Juan Garcia of Alburquerque for a 
tract of land at Cubero was referred to the constitutional 
council of Laguna, with instructions as to points to be 
covered in their report. 
April 14, 1831. Leaf 63, page 1. 

A petition of Agustin Duran and others for a tract of 
land about 3,000 varas in extent between the pueblos of 
Santo Domingo and San Felipe, was referred to the coun- 
cils of Cochiti and Sandia for report. 
November 12, 1831. Leaf 69, page 1. 

A petition of Juan Cristobal Muniz, a citizen of Jemez, 



380 THE SPANISH ARCHIVES OF NEW MEXICO 

for some fanning land at Vallecito and near the Jemes 
pueblo, was referred to the council of Jemez. 
November 12, 1831. Leaf 69, page 1. 

The report of the council of Cochiti on the petition of 
Agustin Duran and others for lands between Santo Do- 
mingo and San Felipe was considered; after which the 
matter was ordered transmitted for report to the council 
of Sandia, that being the jurisdiction of San Felipe. 
July 16, 1832. Leaf 74, page 2. 

Complaint of the Jemez Indians relative to the damages 
they were suffering as to their common lands, was re- 
ferred to the council of Jemez for further information. 
July 18, 1832. Leaf 76, page 2. 

Petition of Antonio Sandobal, asking for pasture land 
from the Ojo Hediondo as far as the Canoncito del Cojo. 
Referred to the council of Laguna. 

1292 INDIANS of the Pueblo of Taos and the People of 
Arroyo Seco. 1823. Water rights. 
Report of the Ayuntamiento. 

Report of the ayuntamiento (town council) of Taos, 
dated December 30, 1823, to the jefe politico, in regard 
to a suit pending between the residents of Arroyo Seco 
and the Indians of the pueblo of Taos, as to water rights 
in the Lucero river. 

The ayuntamiento states that the Arroyo Seco people 
acquired their rights to their lands under a grant made 
by Joaquin Codallos y Rabal, dated October 7, 1745, but 
the land had not been used until 1815, when they 
began to build houses, and cultivate their lands, which 
they irrigated from the Arroyo Seco and also from the 
Lucero river; that the Indians, in addition to using the 
waters of the river which ran through their pueblo also 
used and had always used the water of the Lucero river 
for irrigating their lands; that moreover they had ac- 
quired a new right in the latter stream by having pur- 
chased from the descendants of Antonio Martin, the legal 
owner of the land granted from the league of their pueblo, 
to the Arroyo Seco, etc. 

The general tone of the report is favorable to the pri- 
ority of the right of the Indians. 

There is a crude sketch map with this report, showing 
the lands purchased by the Indians, the pueblo, the town 
of Don Fernando, and the streams in that neighborhood. 

This archive, I understand, has been translated and 
used in a suit in which the Indians of Taos are now (1913) 



THE SPANISH AKCHIVES OF NEW MEXICO 381 

involved with persons claiming under the Antonio Mar- 
tinez grant. 

1293 PETITION of Francisco Xavier Ortiz and three 
others for lands near San Ildefonso. No action. 

Petition by Francisco Xavier Ortiz and his three sons, 
to the jefe politico, for a piece of land for each adjoining 
the lands of the pueblo of San Ildefonso. The date is 
February 19, 1824. 

The parties ask the jefe politico to forward the peti- 
tion with a report, if necessary, to the Provincial Depu- 
tation. 

There is no further action. 

1294 LA CIENEGA DE LOS GARCIAS. 1825. 

Piece of a letter in regard to the partition of the same. 

1295 ALAMEDA TEACT. 1825. 

Report of measurement of the same by Perea. Report 
made to Bartolome Baca, political chief. 

Letter of June 13, 1825, from a certain Perea, at Ber- 
nailillo, to the jefe politico, Bartolome Baca, reporting 
that he had complied with the latter 's order to measure 
the Alameda Tract from the boundary of the natives of 
the pueblo of Sandia to the Alburquerque line. 

One statement in this letter indicates that the land im- 
mediately adjoining the Indians' land (on the south) be- 
longed to Don Eusebio Rael. 

1296 JOSE IGNACIO MADRID and Mariano Baldes and 
Others. 

Letter to Jose Manuel Salazar in the matter of the parti- 
tion of their lands on the Rio Chama. 1826. 

1297 CORPORATION OF SANTA FE. 1826. 

Record of the proceedings in a suit about lands at Ar- 
royo Seco, near the pueblo of Taos. The petition is ad- 
dressed to Don Antonio Narbona, governor and political 
chief. The signatures are those of Juan de Dios Pena, 
war-captain and chief alcalde; Mariano Pena, Salvador 
Padilla, Jose Ma. Ortiz ; Juan Domingo Fernandez ; Fran- 
cisco Lobato ; Francisco Sanchez ; Rafael Antonio de Luna ; 
Pedro Martin ; Matias Martin ; Juan Antonio Martin ; Jose 
Miguel Aragon; Mariano Sanchez; Jose Gonzales. 

Bartolome Baca also appears in the proceeding in June, 
1825. 



382 THE SPANISH AECHIVES OF NEW MEXICO 

This is a controversy begun in the year 1825, between 
Felipe Gonzalez and Carpio Cordoba, as complainants, and 
Jose Antonio Sanchez and Diego Antonio Sanchez, de- 
fendants, in regard to some lands at Arroyo Seco, near 
Taos. 

The manuscript is nearly 40 pages in extent, but it is 
not necessary to make a full brief of its contents, as the 
most of it is not of importance to the Indians of Taos. 

It appears from these papers that in the year 1816 
Manuel and Matias Martin, citizens of Abiquiu, petitioned 
Don Pedro Martin, chief alcalde of Taos, to restore to 
them certain lands of which they had been illegally de- 
prived. 

They state that it had come to their knowledge that 
their grandfather, Don Antonio Martin, had had a grant 
made to him by the king at the Rinconada del Kio de 
Lucero, and that having been advised to seek for the 
granting documents at the pueblo of Taos, they discovered 
that the grant had been sold to the natives of that pueblo 
by Joaquin Sanches, who had hid said grant from their 
father, who was the lawful heir to it. They allege that 
the said Joaquin Sanches was not an heir of their grand- 
father, and they denounce the sale made by him as being 
illegal and depriving them and their children of their 
lawful rights. , 

The petition of Manuel and Matias was presented to j 
the alcalde, as above stated, and he directed, by his of- 
ficial order of April 26, 1816, that one of the interested 
parties should take it to the governor of the Province, in 
order that he should take such action as he saw fit. 

That officer, on May 7, 1816, ordered the alcalde to in- 
vestigate whether the petitioners were lawful heirs, and 
whether Joaquin Sanchez had usurped their lands. 

This the alcalde did, and on May 30, 1816, he made his 
report to the governor. That part of his report which is 
most important to the Taos Indians relates to the gene- 
alogy of these Martins. The alcalde's investigation re- 
vealed the fact that the grandfather of the petitioners, 
Antonio Martin, had by his own niece, Isabel Pacheco, an 
illegitimate child, who was named Diego Rafael, and who 
became the father of Manuel and Matias Martin, the pe- 
titioners in the matter now under consideration ; that sub- 
sequent to the birth of her illegitimate son, Isabel Pa- 
checo married Francisco Sanchez, by whom she had four 
children, Joaquin, Joseph, Francisco, and Mariano; that 
Antonio Martin gave a tract of land, which he had by 



THE SPANISH AECHIVES OF NEW MEXICO 383 

grant from the king, to Isabel and her sister Francisca, 
by whom also he had had a child, which apparently did 
not survive the mother; that neither Antonio Martin nor 
Isabel Pacheco made any will; that Joaquin and Jose 
Sanchez, two of the legitimate children of Isabel, sold the 
land in opposition to the wishes of their brothers, Fran- 
cisco and Mariano, and their half-brother, Diego Rafael; 
that some years prior to the date of the alcalde's report, 
Francisco and Mariano had taken some legal steps, ap- 
parently to assert their own rights, but entirely ignoring 
the rights of their half brother, Diego Rafael; that ulti- 
mately Francisco and Mariano decided to compromise the 
whole matter in order to avoid being involved in law 
suits ; that with that object in view they acknowledged the 
petitioners, Manuel and Matias Martin (the children of 
Diego Rafael), as their nephews; that they requested the 
alcalde to divide the ranch in halves, through the center. 

The alcalde then proceeds to describe the measurement 
which he made of the ranch, and the manner in which it 
was divided in accordance with the voluntary compromise. 

On June 3, 1816, Governor Allande approved the par- 
tition of the land. 

Another paper in the case indicates that when the In- 
dians of Taos became satisfied that the sale made to them 
by Joaquin Sanchez was not legal, they gave up the land 
in consideration of one hundred pesos and an ox, which 
was given to them by Don Felipe Gonzalez. 

This paper is dated at Taos on May 13, 1816. 

The original controversy of Felipe Gonzalez and Carpio 
Cordoba with Jose Antonio and Diego Antonio Sanchez, of 
which the papers above described form a part, was ap- 
parently decided in favor of Diego Antonio Sanchez, 
by Governor Antonio Narbona, on May 23, 1826. 

1298 JULIAN BAEL vs. Indians of Sandia. 1827. 

Opinion of Ignacio Maria Sanchez Vergara, Alcalde. 

Letter of July 7, 1827, from Ignacio Maria Sanchez Ver- 
gara to Manuel Armijo, jefe politico of New Mexico, 
transmitting an expediente of a suit in regard to lands be- 
tween Don Julian Rael and the Indians of the pueblo of 
Sandia. 

He sets forth at length his opinion in regard to the mat- 
ter, which was strongly in favor of Rael's contention and 
which strongly intimated that the Indians were not act- 
ing in good faith. 

It is possible that Sanchez was personally interested in 



384 THE SPANISH AECHIVES OF NEW MEXICO 

the matter, as he requests the return to him of certain 
documents ; and following his signature to the letter is an 
acknowledgment, also signed by him, of the return of all 
his documents, at Sandia, August 17, 1827. 

One of the statements made by Sanchez seems to indi- 
cate that the title under which Rael was claiming had its 
inception as far back as the time of the Marquis of Penu- 
ela, who was governor of the province about 1707 to 1712. 
This would be many years prior to the grant made to the 
pueblo of Sandia, the date of which was 1748. 

Letter of November 10, 1829, from the office of the 
minister of justice to the jefe politico of New Mexico, 
acknowledging the receipt of the copy of the legal pro- 
ceedings in regard to the restitution of lands to the citi- 
zens (vecinos) of the pueblo of Sandia. The expediente 
was forwarded with the jefe politico's letter of October 
30, 1829 (?). 

A marginal note shows that the alcalde of Sandia was 
notified of the receipt of this letter of November 10, on 
December 25, 1829. 

1299 PUEBLO OF SANDIA. 1829. 

Receipt from the office of the Minister of Justice of the 
proceedings in the matter of the restitution of lands. 

1300 DEAFT OF A EEPORT of a Committee of the Ter- 
ritorial Deputation in the matter of granting the Go- 
tera Tract to Jose Guadalupe Eomero and Manuel 
Bustamante. 

1301 JUAN CEUZ BACA. Sabinal, 1831. 

Complains to Jose Antonio Chaves, political chief, that 
Ramon Torres, alcalde of Sabinal, has taken the lands 
from the heirs of Geronimo Chaves and given them to his 
brother. 

1302 GEEONIMO CHAVES, Heirs of, vs. Eoman Torres. 
Sabinal, 1831. No. 1301, q. v. 

1303 JUAN JOSE LUJAN. 1832. 

Lease to Harvey Ellison and Wyatt ; land for a tannery. 
Juan Garcia, Alcalde. 

1304 PEDEO MOLINA. 1832. 

Letter to the jefe politico in regard to sale of lands by 
Francisco Baca in Encinal and Cubero. 




DON PEDRO DE CASTRO FIGUEROA 
Duke of the Conquista, Viceroy of Mexico 1740-41 



THE SPANISH AECHIVES OF NEW MEXICO 385 

He states that the lands had been purchased and the 
price paid therefor, which he enumerates in sheep, horses, 
a cow, etc., with which Baca was satisfied ; that the citizens 
who had purchased them were ready to go to work and 
were only waiting for the lands to be partitioned among 
them, etc. 

It is likely that the Francisco Baca referred to in this 
letter was the Navajo Indian whose rights at Cubero were 
purchased by Mexican citizens prior to the establishment 
of their town. 

1305 MAEIANO SANCHEZ. 1833. 

Petition that the tract Agua Sarca formerly granted 
to Sebastian Martin, his great-grandfather, be partitioned 
among twenty-five persons. 

1306 DECREE of Mexican Congress forbidding the sale of 
property held in mortmain until further legislation on 
the subject. 1833. 

1307 DECEEE of Mexican Congress correcting typogra- 
phical error. 1834. 

1308 VICENTE OTEEO. 1834. 

Letter to the political chief, Francisco Sarracino, in 
Valencia, March 9, 1834: 

"MOST EXCELLENT SIR: Manuel Sanchez, for himself 
and in the name of nineteen individuals, all residents of 
Valencia, represents to your excellency that having discov- 
ered a tract of land suitable for cultivation at the point 
of Tajique, which is vacant, and consequently will not be 
to the injury of any third party, on the contrary, the con- 
dition of the petitioners will be bettered on account of 
the limited amount of land which they can now cultivate, 
and that your excellency, in compliance with the law 
which recommends the encouragement of agriculture, be 
pleased to direct that the above-mentioned land, contain- 
ing one-half of a league in circumference, be donated to 
them, protesting to pay all costs in good faith, etc. 

"MANUEL SANCHEZ" 
"SANTA FE, March 17, 1834. 

"The constitutional justice of Valencia, to which juris- 
diction Tajique belongs, as I am informed, will make the 
division asked for, within the boundaries they set forth, 
provided no injury will result to any third party, the 



386 THE SPANISH AECHIVES OF NEW MEXICO 

grant temporarily made by the government, to avoid de- 
lay in planting their crops, being subject to the confirma- 
tion of the most excellent deputation when it shall meet. 

"SARRACINO." 

"At this point of Tajique, on the ninth day of April, 
one thousand eight hundred and thirty- four, in compliance 
with the provisional order of the political chief to place 
the parties in possession, in order that the individuals 
who asked for a grant to said land, containing one-half 
league in circumference, should not lose their crops, I, 
Citizen Vicente Otero, constitutional justice of the town- 
ship of Valencia, proceeded to the place for that purpose, 
with two attending witnesses, which said office is entitled 
to, commencing by measuring the one-half league in cir- 
cumference, having in the first place set aside one hun- 
dred and seventy-two varas in the most convenient place 
for a town site, and from the center thereof the one-half 
league in the direction of the four cardinal points of the 
compass was measured in the following manner: the first 
towards the south, which reached to a thick cedar a little 
above the cafion called l De los Pinos;' the second towards 
the north, to the canon De Las Migas, where a pine tree 
was marked with a cross; the third towards the west, to 
the little table lands of the Cueva, where another pine 
tree was marked with a cross; the fourth towards the 
east to the lone pine, said measurements having been made 
in the presence of twelve of the grantees. The subdivision 
of the arable land to which each one was entitled to was 
omitted, on account of the absence of seven of those con- 
tained in the granting act, directing the persons present 
to commence planting their crops, with the understanding 
that when the proper time arrived I would return to sub- 
divide the land, informing them that no one acquired any 
right to the land he cultivated excepting those to whom it 
should fall by lot, with the condition that whosoever re- 
ceived the land which was broken up should break up a like 
quantity for the first occupant; and for the purpose of 
placing this on record and other^ proper objects, I, the 
aforesaid justice, signed this document, with my attend- 
ing witnesses, to which I certify. VICENTE OTERO. 
"Attending: 

"JACINTO SANCHEZ. 

" JOSE MANUEL MALDONADO. 

' ' At this place of Tajique, on the twenty-fourth day of 
December, one thousand eight hundred and thirty-four, I, 
Citizen Vicente Otero, constitutional justice of the juris- 






THE SPANISH AKCHIVES OF NEW MEXICO 387 

diction of Valencia, in fulfillment of the foregoing docu- 
ment, and in the presence of my attending witnesses, I 
caused to appear before me the persons to whom this place 
was granted, who, being present, I informed them of the 
operation to be performed, as set forth in the foregoing 
document, and they willingly consented to receive what- 
ever tillable land each one was justly entitled to ; where- 
upon, the calculation being made, I commenced measur- 
ing from west to east one hundred and twelve varas to 
each one; leaving out, in the first place, twelve varas as 
outlets to the town, having placed them in possession in 
the following order: 1st. Measured to Maria Gertrudis 
Chaves, who is bounded by the lands of Antonio Otero. 
2d. Antonio Otero, who is bounded by the lands of Maria 
Gertrudis Chaves and those of Manuel Garcia. 3d. Manuel 
Garcia, who is bounded by Antonio Otero and Jose Lo- 
renzo Otero. 4th. Jose Lorenzo Otero, bounded by Man- 
uel Garcia and Matias Sanches. 5th. Matias Sanchez, 
bounded by Jose Lorenzo Otero and Jose Antonio Za- 
mora. 6th. Jose Antonio Zamora, bounded by Matias 
Sanchez and Rafael Sanchez. 7th. Rafael Sanchez, 
bounded by Jose Antonio Zamora and Francisco Moya. 
8th. Francisco Moya, bounded by Rafael Sanchez and 
Jose Maria Maldonado. 9th. Jose Maria Maldonado, 
bounded by Francisco Moya and Cristobal Zamora. 10th. 
Cristobal Zamora, bounded by Jose Maria Maldonado and 
Lazaro Ramirez, llth. Lazaro Ramirez, bounded by 
Cristobal Zamora and Mateo Anaya. 12th. Mateo Anaya, 
bounded by Lazaro Ramirez and Ignacio Cedillo. 13th. 
Ignacio Cedillo, bounded by Mateo Anaya and Roman 
Zamora. 14th. Roman Zamora, bounded by Ignacio Ce- 
dillo and Domingo Zamora. 15th. Domingo Zamora, 
bounded by Roman Zamora and Jose Chavez. 16th. Jose 
Chavez, bounded by Domingo Zamora and Antonio San- 
chez. 17th. Antonio Sanchez, bounded by Jose Chavez ; 
Jose Sanchez to the west of the temple ; Dionisio Vigil to 
the west of the temple ; giving to all the privilege of break- 
ing up such land as they may want, on a line with their 
own, without going beyond the half league granted to them; 
it being understood that those having received land which 
has been broken up by others, within their lot, shall break 
up an equal quantity for the person entitled to it on un- 
broken land, by the month of April, 1835; and if said 
condition is not complied with, they will continue using 
the land they have broken up originally until other land 
is broken for them. All having expressed their satisfac- 



388 THE SPANISH AECHIVES OF NEW MEXICO 

tion at this and all other matters connected with the di- 
vision of the land, and in order that they, their heirs and 
successors, may enjoy the same peaceably and quietly, 
and in order that they may barter their land or dispose 
of it to whomsoever they may see proper at the expiration 
of the period prescribed by law for such grants, I, the 
aforesaid justice, said I would authorize this document, 
as I did authorize it, in due form of law, and by virtue 
of the powers in me vested, signing with those in my at- 
tendance, to which I certify. VICENTE OTERO. 
' * Attending : 
' * JOSE ANTONIO MALDONADO. ' ' 

Don Vicente Otero, mentioned in the foregoing archive, 
was the grandfather of Miguel A. Otero, governor of New 
Mexico during the McKinley and Roosevelt administra- 
tions. His father, Don Miguel A. Otero, 10, was delegate 
in Congress in the 'fifties. Tajique is the site of an old 
pueblo, destroyed by the Apaches in the middle of the sev- 
enteenth century. 

1309 DRAFT of a Letter to the Alcalde of El Bado in re- 
lation to action taken by the Territorial Deputation in 
the matter of the petition of Juan de Dios Maese, et 
al., for a grant of lands at Las Vegas. 1835. 

1310 JOSE FRANCISCO CHAVES Y BACA. 1835. 

Letter to political chief in regard to lands sold by a 
Navajo Indian, which lands belonged to the Indians of 
Laguna. 

Letter of May 26, 1835, written at Laguna, by Jose 
Francisco Chaves y Baca, constitutional alcalde of that 
district, to the jefe politico, in regard to a controversy 
between the natives of Laguna and the parties who had 
purchased land from the Navajo Indian, Francisco Baca. 

He states that Baca had deeded the land to the pur- 
chasers, the deed being acknowledged before Don Manuel 
Gallego, the retiring alcalde; that he had summoned the 
latter before him and had asked him what reasons he had 
had for including in the deed lands which belonged to 
the Indians; that Gallego had answered that at the time 
in question there was no one to inform him that the prop- 
erty of the complainants was included in the deed; that 
he was governed by the boundaries which Baca pointed 
out to him in company with Don Juan Dionicio Chaves, 
the attorney in fact for the purchasers; that he had no 



THE SPANISH AKCHIVES OF NEW MEXICO 389 

means of knowing whether the statements made in the 
deed by the Indian were true. 

This letter was evidently a letter of transmittal of docu- 
ments which the Laguna Indians had laid before the al- 
calde in connection with their attempt to recover lands 
which they claimed and which had been sold by the Nav- 
ajo to the people of Cubero, and although it does not re- 
veal the contents of those documents, it shows that the 
alcalde took the side of the Indians as against the Cubero 
people and their grantor, Francisco Baca. 

L311 SANTA FE. 1835. 

In the matter of a reservoir. Francisco Trujillo, Juan 
Jose Lujan, Simon Apodaca, members of the Ayuntami- 
ento. 

1312 ALBINO PEREZ, Governor. 1835. 

Receipt of official letter. 

1313 SANTA FE. 1835-6. 

Destruction of a reservoir maintained by Miguel Sena. 

1314 SANTA FE. 1836. 

Names of property owners in the city. Juan Bautista 
Vigil y Alarid. 

1315 JUAN DE BIOS MAESE. San Miguel del Bado. 1836. 

Petition to political chief that he take some steps toward 
compelling the grantees in the Las Vegas Grant to take 
possession of their lands. 

1316 PROTOCOL of Manuel Doroteo Pino, First Consti- 
tutional Alcalde of Santa Fe. 1838. 

Lorenzo Balizan to Lorenzo Provencio. Land at El Paso, 
1838. 

Ignacio Duran to Gaspar Rivera. Land in Santa Fe, 
1838. 

Tomas Valencia to Antonio Matias Ortiz. Mortgage. 
Lands in Santa Fe, 1838. 

Jose Serafin Martin for his father, Antonio Martin, to 
Juan Rafael Ortiz. House and land in San Jose de La 
Cienega, 1838. 

Mariano Mares to Bias Ortega. Land in Santa Fe. 1838. 

Eusebio Garcia, for his wife, Luciana Martin, to Miguel 
Tafoya: House and land on the Rio de Santa Fe. 1838. 



390 THE SPANISH AECHIVES OF NEW MEXICO 

Felipe Coris to Esmeregildo Ortiz. Land in Santa Fe, 
1838. 

Getrudis Sandoval. Partition of her estate. 1838. 

1317 MANUEL AEMIJO, Governor. 

Book 2d of rough draft of decrees, 1840-1842. 

1318 COENELIO VIGIL. 1842. Juez de Paz. 

Transmitting to Guadalupe Miranda, secretary of the 
government, expediente of land suit between the people 
of Don Fernando de Taos and those of San Francisco del 
Rancho. 

The Don Fernando de Taos Grant, R. No. 125, was con- 
firmed by the court of private land claims and under a 
survey pursuant to the decree, the area is found to be 
more than 1,817 acres. The north boundary of this prop- 
erty is the southern boundary of the Taos Pueblo Grant. 
Patented, February 25, 1909. 

1319 PABLO MONTOYA, deceased. 1842. 

Draft of a letter to the governor in regard to the disposi- 
tion of his property. 

1320 VICENTE EIBEEA, Juez de Paz, to Guadalupe Mi- 
randa, Secretary, 1842. 

Announcing that he has placed certain parties in posses- 
sion of lands at the junction of the Gallinas and Pecos 
rivers, and asking whether there shall be given lands to 
others who may need them. Draft of an affirmative reply 
on the same paper. 

1321 LA CIENEGA of Santa Fe. 1844. 

1322 MARIANO MAETINEZ, Governor, 1844. 

To the president of the Departmental Assembly. Trans- 
mitting petition of certain citizens for lands at Sapello 
and Mora. 

1323 SANTA FE. 1845. 

Petition of the first and second alcaldes on behalf of the 
city, to the governor, for a tract of land. No action. 

1324 AGAPITO, NAZAEIO, and EICAEDO OETIZ. 1845. 

Claim to a house in Santa Fe, as heirs of their mother, 
Maria Rosa Mestas, which had been sold without their 
consent, by their father, Casimiro Ortiz. Teodoro Gon- 
zales, Juez de Paz. San lldefonzo. 



THE SPANISH AKCHIVES OF NEW MEXICO 391 

1325 SANDIA Grant. 1846. 

Letter of Manuel Armijo, directing Juan Bautista Vigil 
to send the papers to him. Vigil's letter of transmittal. 

A marginal note, signed by the rubric of Vigil, shows 
that the grant was delivered to Don Tomas Ortiz, on 
March 20, 1846, which is corroborated by Vigil's letter of 
that date to Governor Armijo, forming a part of the same 
archive. 

1326 MANUEL DELGADO and JUAN PINO. No date. 

Fragment of a document in relation to a controversy as 
to water rights at the rancJios of Juana Lopez and Los 
Cerrillos. 

1327 COMMUNICATION (3), rough draft, in relation to 
stationing soldiers at some point in the valley of the 
Eio Grande. 

These are addressed to the viceroy, the Duke of Albur- 
querque. The apostasy of the Moquis is mentioned. 

1328 TESTIMONIO of letter and report relative to an 
attack made upon the Pueblo of Pecos by the Cu- 
manches, the presence of a hundred lodges of these 
Indians on the Bio Jicarilla, and the selling of fire- 
arms to them by the French, and the proposed con- 
struction of a Presidio at the place called "Jicarilla." 

The date is 1748 ; the archive contains 14 pages and bears 
the signature of Governor and Captain-General Joachin 
Codallos y Rabal. The fact that a Frenchman named Luis 
Maria and eight others had been at Taos in 1742 is men- 
tioned; that Luis Maria had been " apeloleado" in the 
plaza at Santa Fe under an order from the superior gov- 
ernment of New Spain ; that in 1744 a Frenchman, named 
Santiago Velo, had come to the pueblo of Pecos. The 
Villasur expedition of 1720 is also mentioned. The names 
of Fr. Joseph Urquijo, Fr. Juan Miguel Menchero, Fr. 
Lorenzo and Antonio Duran de Armijo also occur. In 
addition to the signature of Governor Joachin Codallos y 
Rabal, those of Phelipe Jacobo de Unanue, J. Miguel de 
Alire, with rubrics, also appear. 

1329 LETTER from the Department of the Interior to 
the Political Chief of New Mexico, enjoining great 
caution in the matter of permitting colonists from 



392 THE SPANISH AECHIVES OF NEW MEXICO 

the United States of North America to enter. Mexico, 
November 21, 1828. It was received at Santa Fe, 
N. M., January 14, 1829, and answered. 

1330 LETTER, Mexico, February 12, 1825, from Rafael 
Mangino to the Commissary-General of Santa Fe, 
relative to arms for light infantry. 

1331 LETTER from General Antonio Lopez de Santa 
Anna; Merida, April 23, 1825, to the Governor of 
New Mexico, announcing his resignation of the office 
of Commandant-General of the Free State of Yuca- 
tan. Rough draft of letter in reply. 

1332 CIRCULAR from the office of the Minister of the In- 
terior, requesting the Governor of New Mexico to 
furnish information relative to lands suitable for 
colonization purposes. Mexico, September 10, 1838, 
1 folio. 

1333 LETTER from Don Jacobo Ugarte y Loyola to Gov- 
ernor Don Juan Bautista de Anza in relation to the 
proper manner of obtaining and retaining the friend- 
ship of the Indian tribes. Chihuahua, October 9, 
1786. 

There is also a certified copy of an opinion of the asesor, 
Galindo Navarro, on the same subject, dated September 
4, 1786. The letter is only a fragment, and the hand- 
writing is the same in each. The "Diet amen" refers to 
the bandos of former governors, mentioning them by 
name, upon the same subject. 

Fr. Sebastian Antonio of Santa Cruz de la Canada is 
also mentioned. 

Relative to obtaining and retaining the friendship of the 
Indian tribes. 

1334 ROYAL DECREE. Cadiz, March 24, 1811, granting 
to Spanish Americans and Indians perfect equality 
in political rights with European Spaniards. 

A copy. Chihuahua, October 21, 1811 ; ordered published 
in all cities, towns, etc., of the provinces under his charge, 



THE SPANISH ARCHIVES OF NEW MEXICO 393 

and signed by the commandant-general, Don Nemecio 
Salcedo. In the lower corner of the last page is found the 
signature of Don Jose Maria Ponze de Leon, at that time 
an officer of the ayuntamiento of Paso del Norte. 

1335 PROCLAMATIONS (3) from the Regency to Span- 

fiards, two of them specially directed to Spanish- 
Americans, in relation to aiding in the prosecution 
of the war then in progress against the Emperor Na- 
poleon. 

The first is dated Cadiz, January 31, 1812, and is signed 
by Ignacio de la Pezuela, who refers to the war as being 
for the preservation of the religion, honor, property, and 
liberty of the Spanish nation. In describing Napoleon he 
says: "Estaba reservado al moderno Atila sobrepujar 
mucho al antiguo en enganos, en ferocidad,en una crueldad 
calculada, y en el arte infernal de amaestrar en sud per- 
fidias y en sus furores a sus Marescales, a sus Geberales y 
a todos los demos satelites de su refinada tirania. El ha\ 
encendido la guerra en todo el contenente de Europa, el lo 
ha devastado, lo had empobrecido, y lo quiere hacer volver 
a la barbarie de los siglos obscuros para dexar asi estab- 
licido su cetro de hierro." 

The second, also from Cadiz, dated January 23, 1812, 
and signed by Don Joachin de Mosquera y Figueroa, is 
addressed to "Americanos," and concludes with an ap- 
peal as follows: 

"Lejos de vosotros, Americanos! tan funestro pre- 
sagio. Renazcan las dulces ideas de fraternidad y de union 
que han labrado nuestra comun felicidad durante tres- 
cinetos anos. Unamos nuestros esfuerzos para sacudir el 
y go ignominioso que pretenden imponemos nuestros in- 
vasores y arrastremos impdvidos los obstdculos que puedan 
presentdrsenos en la escabrosa senda en que nos vemos 
empenados! escabrosa por cierto, pero que debe condu- 
cirnos a la inmort alidad." 

The third is signed by Ignacio de la Pezuela and is 
dated Cadiz, January 31, 1812. 

1336 LETTER; rough draft; no date; relative to educa- 
tion of the Indians. No signature. 

1337 DECREE of the Mexican Congress abolishing titles 
of nobility, such as Conde, Marques, Caballero, and 



394 THE SPANISH AECHIVES OF NEW MEXICO 

"todos los de igual naturaleza, cualquiera que sea su 
origen." Mexico, May 2, 1826. 

(Signed) GUADALUPE VICTORIA 
SEBASTIAN CAMANCHO 

Published at Santa Fe, June 16, 1826, by the gover- 
nor, Don Antonio Narbona. 

1338 EOYAL DECBEE. 

Appointment of Don Domingo de Cruzate as governor 
and captain-general of New Mexico. Instructions for the 
reestablishment of towns, location of Indians, etc. Grants 
to the Pueblo tribes authorized. Dated 1684. 

1339 PETITION relative to lands of the Pueblo of San 
Ildefonso. September 18, 1704. 

Petition by Captain Alfonso Rael de Aguilar, protector 
of Indians, on behalf of those of the pueblo of San Ilde- 
fonso, complaining that Captain Ignacio de Roybal had 
acquired by grant all the lands on the other side (the 
western side) of the Del Norte river opposite the pueblo 
of San Ildefonso, in violation of the royal ordinances and 
to the detriment of the Indians, to whom said lands had 
belonged from ancient times and on which they had 
squashes and melons planted at the time of making the 
complaint. Captain Rael requests the governor to make 
Roybal present his instrument of title for examination, 
and to give to the Indians the four leagues of land to 
which they were entitled, and compel Roybal to confine 
himself to the lands which he had at the pueblo of Jacona 
and at Santa Fe and other places. 

This petition was presented to Acting Governor Juan 
Paez Hurtado on September 18, 1704, and he immediately 
ordered Roybal to produce his grant for examination. 

This order was served on Roybal on the same day, and 
the following day he appeared at Santa Fe with his grant, 
a copy of which is attached to the proceedings. 

This grant was made by the Marquis de la Nava de 
Brazinas (Diego de Vargas) on March 4, 1704. 

In the petition for the grant, Roybal had stated that he 
wanted the lands ' ' f or a large and small stock and a horse 
herd," which practically made it nothing more than a 
request for a pasturage permit. He described the lands 
as lying between the lands of the pueblo of Santa Clara 
and the Caja del Rio (the Caja del Rio is the box canon 






THE SPANISH AECHIVES OF NEW MEXICO 395 

below San Ildefonso, sometimes called the Whiterock 
Canyon), and the Rio Grande on the east, and the moun- 
tain on the west. 

The governor, in making the grant, called attention to 
the fact that Mateo Trujillo had a grant extending from 
the boundary of Santa Clara down to a place where he 
(the governor) had halted with his camp; that from that 
point Roybal's grant should extend toward the Caja del 
Rio. 

There was no act of possession following the grant. 

On the same day on which he presented his grant for 
examination, Roybal filed an answer to the petition of 
Rael, in which answer he denies that his grant interferes 
with the Indians. He says that he has never prevented 
their pasturing their stock and horses on the land, but he 
denies that they have ever cultivated any portion of it. 

The acting governor, on September 19, 1704, ordered 
Antonio de Aguilera Ysasi, in company with Captain 
Cristobal de Arellano and two attending witnesses, to ex- 
amine the land and see whether the Indians had ever had 
on the other side of the river cultivated lands and an ir- 
rigating ditch. 

On September 22, 1704, Aguilera and others went to 
the land in question and about three-fourths of a league 
from the pueblo he found what was apparently a ditch 
which came out of the river, and some land which ap- 
peared to have been cultivated. The Indians stopped at 
that point and told him that at that place, where some 
evidences of a monument were discovered, the first Span- 
iards had designated to them their boundary, before the 
revolution of 1680. 

Aguilera reported his examination to the acting gov- 
ernor, and the latter, on September 25, 1704, ordered 
Captain Cristobal de Arellano, chief alcalde of the dis- 
trict, to measure one league in each direction (from the 
pueblo?) and designate monuments for the Indians; that 
the grant of Roybal should be understood to extend on- 
ward from said monuments; that if the measurements to 
be made by the alcalde should include any of the culti- 
vated lands held by Matias Madrid, said measurements 
should be understood as effective only from the pueblo as 
far as Madrid's boundaries; and if the parties were not 
satisfied with this decision they might appeal to the new 
governor, who was soon to take charge, or they might ap- 
peal to the viceroy. 

On September 28, 1704, the governor of the pueblo of 



396 THE SPANISH AECHIVES OF NEW MEXICO 

San Ildefonso, Matias Cuntzi, and other officers of the 
pueblo, presented a statement by their protector, Rael, 
setting forth that they had occupied the lands in dispute 
before the Spaniards abandoned the kingdom (in 1680), 
as could be shown by the evidence of an old Spaniard 
named Domingo Martin, who knew that Father Antonio 
de Sotomayor, formerly minister of the pueblo, had 
planted them; and that Father Felipe Rodriguez, another 
minister of the pueblo, and Father Francisco de Sandoval 
also had planted them, and during a time of great famine 
had compelled the Indians to plant there in order to have 
food for their subsistence; that they had determined to 
plant the same lands in the coming year, when they dis- 
covered that Roybal had received a grant covering the 
lands. 

They further stated that their old monument could be 
found a little beyond a place where they had built a house 
and a tower, and that evidences of their former ditch and 
cultivated lands could still be seen, although they were 
dim, as the lands had not been cultivated for ten years. 
They ask that they be given the customary measurements 
and that monuments be erected to mark their boundaries. 

The acting governor made an indorsement on this state- 
ment, to the effect that he had already taken the steps 
necessary in the matter, and ordered it to be attached to 
the other proceedings in the case. 

On October 9, 1704, the alcalde, Cristobal de Arellano, 
in compliance with the orders of September 25, went to 
San Ildefonso to make the measurement of the league. He 
notified Roybal of the governor's order in the premises in 
order that Roybal might be present, but the latter declined 
to come. Arellano then measured one league to the north, 
half a league to the south, half a league to the west, and 
another half league on the east. His reasons for not com- 
pleting the full league in three of his measurements are 
so badly expressed as to make his meaning very doubtful. 
I am inclined to think that he meant to say that the meas- 
urements in question included only the cultivable land, 
and that the rest of it was of no value, except for fuel. 
However, I am not perfectly certain what he meant. The 
one thing that is perfectly clear is the distance measured 
toward each of the cardinal points. 

The document ends in this way, without any approval 
of the measurements by the acting governor. 




THE SPANISH AKCHIVES OF NEW MEXICO 397 



1340 OKDEE, August 25, 1705, by Governor Francisco 

Cuervo y Valdez. 

I 
Prohibiting all Spanish citizens from residing in Indian 
pueblos, or even entering them without express permission 
from the governor, and commanding any citizens who 
were then living in the pueblos to leave them, and to re- 
move therefrom all their property. 
This order was made public at the pueblo of Taos on 
August 28, 1705, by Felix Martinez, chief alcalde of that 
district. 

1341 TESTIMONIO of an Order of Don Ignacio Flores 
Mogollon, Governor and Captain-General, giving di- 
rections to General Antonio Valverde, El Paso, to lo- 
cate the Sumas Indians, dated November 10, 1712. 

This archive has a magnificent signature of Captain 
Roque de Pintto, the secretary of government and war. 
The Sumas Indians to be located in pueblos. 

1342 OBDER, by the Viceroy of New Spain, October 22, 
1704, directing bis compliance with a decree of the 
King relative to the giving of lands to Indians, pre- 
venting tbeir being compelled to work witbout com- 
pensation, etc., said decree bearing date, October 15, 
1713. 

With this order is a copy of an opinion of the attorney-gen- 
eral at Arispe, to the commandant-general, relating to cer- 
tain modifications of the laws of the Indies in regard to 
Spaniards and mixed bloods living in Indian pueblos ; said 
copy being directed to Don Juan Bautista de Anza, then 
governor of New Mexico. 

The opinion was dated at Arispe, January 23, 1783, 
and the copy made on the next day. 

Accompanying the copy of the opinion is a letter of 
transmittal from the commandant-general, De Croix, to 
Governor Anza, dated January 24, 1783, advising him that 
in the future he will be governed by the opinion of the 
attorney-general. 

The last paper in this archive is a copy of the foregoing 
opinion, made by Governor Anza, to be circulated and 
promulgated throughout the province, followed by a cer- 
tificate of the alcalde of each district to the effect that he 
had publicly proclaimed the same. 



398 THE SPANISH AECHIVES OF NEW MEXICO 

1343 STATEMENT by Alfonso Eael de Aguilar, at the 
Pueblo of Santo Domingo, on June 8, 1722. 

That he had been ordered by Governor Juan Domingo de 
Bustamante to call together the Indians of Santo Do- 
mingo and Cochiti for the purpose of investigating the 
facts connected with a suit brought by the Santo Domingo 
people against those of Cochiti in regard to certain lands 
sold by Dona Juana Baca to the latter ; that with this end 
in view, he summoned Miguel de San Juan, her son, who 
stated that the lands which his mother had sold were on 
the other side of the river (the Rio Grande), and were 
not included in the lands in dispute, as would appear by 
the deed of sale made by his mother in virtue of her grant 
titles, which documents were in the possession of the Co- 
chiti Indians; that he thereupon ordered the Indians to 
produce the documents, which they did; that their in- 
spection showed that on February 20, 1703, Pedro Rodri- 
guez Cubero, the governor of New Mexico, made a grant 
to Dona Juana Baca of a tract of land on the other side 
of the Del Norte river between the two pueblos, and that 
she had received the royal possession thereof quietly and 
peaceably; that he then called upon the Indians to state 
which were the lands about which they were disputing; 
that they replied that they were on this side of the river 
midway between to the two pueblos; that thereupon he 
proceeded to measure one league from the cemetery of the 
Santo Domingo church straight toward the pueblo of Co- 
chiti, making a temporary mark at the termination of the 
league ; that he then measured one league south from Co- 
chiti, and between the termination of that measurement 
and the one made northward from Santo Domingo there 
was a distance of 1,600 varas ; that this space between the 
extremities of the two leagues he divided equally between 
Santo Domingo and Cochiti, the Indians being perfectly 
satisfied with the arrangement, and certified copies of the 
proceeding being given to both parties. 

1344 CERTIFIED STATEMENT by Juan Paez Hurtado, 
dated at Santa Cruz, on June 10, 1724. 

That he had received a message from the governor of 
New Mexico directing him to ascertain whether Mateo 
Trujillo had ever settled on the tract of lands granted to 
him in the year 1700 by General Cubero, on the other side 
of the Del Norte river, between the pueblos of Santa 
Clara and San Ildefonso ; that he had called together the 



THE SPANISH ARCHIVES OF NEW MEXICO 399 

principal Indians of "said Pueblo" (which pueblo?) and 
had administered the oath to them; that they had stated 
that on two Sundays Trujillo had erected a cross, and on 
Wednesday of that week he had put up two forked poles, 
which Paez had seen when he made the measurements in 
order to give the Indians their league, as they had only 
2,200 varas of land on which they were planting, the 
land being theirs and they always having planted it, as 
was shown by an irrigating ditch which was on the tract, 
and they not having in any other direction any place they 
could plant, there remaining for Trujillo, from the In- 
dians' boundaries to the table-land, about three hundred 
varas ; that the chief alcalde swore to the same thing that 
the Indians did that Trujillo had never settled on the 
land; that the Indians who swore to it were Juan, the 
governor, Felipe Cherpe, and Juan the general, and that 
the whole pueblo swore to the same, etc., etc. 

1345 BALTAZAB ROMERO. Deed to Pueblo of Santa 
Ana. The sale was annulled by Governor Cruzat y 
Gongora, March 1, 1734. 

The date of the sale by Romero does not appear, nor is 
the land accurately described ; it is stated that it is a 
tract of lands and a grove situate on the other side of the 
river and that it belonged to Bernalillo, a very ancient 
settlement of Spaniards ; that the sale was to the prejudice 
of the settlement and contrary to the royal laws; that if 
Romero wanted to sell the land he must sell it to Spaniards 
and not to the Indians, or any community of Indians, 
etc. 

The notice of this annulment was served on the parties 
to the sale by the chief alcalde of Bernalillo, on March 
11, 1734. 

1346 DIEGO GALLEGOS. Deed; Grant: uncertified 
copy. 

The grant was made by Governor Don Juan Domingo de 
Bustamante on January 13, 1730, to Diego Gallegos, a 
citizen of Bernalillo, for a piece of land opposite Santo 
Domingo, on the other side of the river, the boundaries 
of which were described in the petition as follows : * ' On 
the north side by the old Pueblo of Cochiti, which is in 
the mountain ; on the south a spring of water, which is in 
the small Canada which comes down to the little house 
called Cubero 's ; on the east by the road which comes down 



400 THE SPANISH AECHIVES OF NEW MEXICO 

from Jemez to San Felipe; on the west by the lands of 
Santo Domingo." 

Possession was given by the chief alcalde, Andres Mon- 
toya, after having summoned the Santo Domingo and Co- 
chiti Indians to be present and offer any objections they 
might have and after they had stated that the grant was 
not to their injury. 

The deed was made by Maria Josefa Gutierres, widow 
of Diego Gallegos, and by her children, to the Indians of 
the pueblo of Santo Domingo, November 28, 1748, and 
conveyed the same property that was granted to Diego 
Gallegos by the Governor Bustamante on January 13, 
1730. 

1347 PUEBLO OF SANDIA. January 23, 1748. 

This archive consists of five separate papers. The largest 
of these is a certified copy of proceedings in connection 
with the decision of the question whether future mission- 
ary efforts among the Moquis should be carried on by the 
Franciscans or the Jesuits. On the first page of leaf 8, 
there begins a petition of Fr. Juan Miguel Menchero, who 
asks for the tract of land on which is situate the aban- 
doned mission of Sandia, in order that he might re-settle 
it with the Moquis, who had come over from their country 
in 1742 with his missionaries, and who were then living at 
Jemez and other pueblos. This petition is followed by a 
grant of land asked for made by the governor, Don 
Joaquin Codallos y Rabal, on January 23, 1748. 

Opinion of the auditor-general of war to the viceroy of 
New Spain as to whether the missionary work among the 
Moquis should be given to the Jesuits or to the Franciscans. 
This archive is interesting as it refers to the Moquis having 
participated in the revolution of 1680 and advising the re- 
settlement of many abandoned pueblos in the valley of the 
Rio Grande ; also contains a petition by Fr. Juan Miguel 
Menchero, asking for the abandoned tract of the Sandia 
mission for the purpose of establishing the Moquis who 
came over in 1742 with his missionaries Delgado and Pino, 
and who were then living at Jemez and other pueUos. The 
archive contains five documents ; the one marked 1347-1 is 
a call for a council of war to decide as to making war on 
the Utes for having stolen the horse-herd of the Taos In- 
dians. Date October 14, 1716. 

1348 JUAN MONTES VIGIL: March 21, 1753. 

This archive begins with a statement by Juan Montes y 



THE SPANISH ARCHIVES OF NEW MEXICO 401 

Vigil, chief alcalde of Santo Domingo, Coehiti, and San 
Felipe, advising the governor of the province that the 
Indians of San Felipe had arranged with the heirs of 
Cristobal Baca to purchase a tract of land at Angostura 
for 900 pesos, and suggesting that the matter be carried 
through regularly and the Indians be protected against 
imposition and fraud; that the governor should appoint 
one or two honest and competent persons to appraise the 
land in question. 

This petition was presented to Governor Don Tomas 
Velez Cachupin at Santa Fe, March 21, 1753, and he at 
once issued his order covering the matter, appointing 
Miguel Montoya of Atrisco and Geronimo Jaramillo of 
Los Corrales as appraisers and directed the chief alcalde, 
Miguel Lucero, to take the sworn statements of the ap- 
praisers, separately, after they had examined the land. 

The depositions of the appraisers show that they con- 
sidered the lands were not worth more than 600 pesos, 
and when this information was laid before the governor, 
he immediately issued an order giving detailed directions 
how the sale should be made and the money (600 pesos) 
paid over by the Indians. The order also shows that the 
governor was familiar with the customary methods of de- 
frauding the Indians at that date, and did not intend 
that they should be imposed upon. The document is full 
of interesting details. 

The result of the governor's action was that the owners 
of the land sold it at the price fixed by the appraisers 
and the Indians paid for it in cattle, sheep, bucksins, 
and other articles of barter, there being little or no money 
in the kingdom at that time. 

The vendors executed a deed to the Indians, April 24, 
1753, the deed being found on the last two leaves of the 
manuscript. The lands are described: "And said lands 
are at the place called the Angostura immediately con- 
tiguous to the Pueblo and Mission of San Felipe and on 
the other side they adjoin the ranch and lands of Cristo- 
bal Martin, deceased." 

1349 PUEBLO OF SANTA ANA; purchase of lands from 
Quiteria Contreras, wife of Jose de Jesus Montano 
widow of Cristobal Martinez Gallego, and from her 
son, Mariano Martinez, et al. 

The statement of the boundaries locates the tract east 



402 THE SPANISH AECHIVES OF NEW MEXICO 

of the Rio Grande and other recitals place the town of 
Bernalillo west of the river at that date. 

It appears from these proceedings that the Santa Ana 
Indians appeared before the chief alcalde, Don Bernardo 
de Miera y Pacheco, and informed him that they desired 
to buy from Quiteria Contreras a tract of land ''which 
is on the other side (of the river) from Bernalillo," 
and the prospective vendors also appeared and agreed to 
sell. 

The alcalde ordered each party to select a person to 
act as an appraiser of the lands. The Indians selected the 
militia ensign, Pablo Salazar, and the vendors selected 
Juan Bautista Montafio, who were sworn by the alcalde. 

The lands were measured and valued at 3,000 pesos, ac- 
cording to prevailing prices. The sum was paid by the 
Indians in bulls, cows, oxen, sheep, goats, horses, the 
animals contributed by each Indian being set forth in a 
list which forms a part of the proceedings. 

The deed was made on July 7, 1763, and the property 
sold is described as being "on the west side by the Rio 
del Norte, on the east to the foot of the Sandia mountain, 
on the north the half of the Angostura, where a cross is 
placed adjoining the properties of the Pueblo of San 
Felipe ; on the south by the three cottonwood trees which 
are below the house where said deceased used to live, and 
from the said cottonwood trees the straight line follows 
from northeast to southwest to join and re-unite said 
lands with those which said natives have purchased which 
formerly belonged to Miranda, and from said cottonwood 
trees in the direction of the south they reserve, without 
selling, a piece of land which was sold to said deceased by 
Josef a Baca, deceased," etc. The "said deceased" was 
Cristobal Martinez Gallego, first husband of Quiteria Con- 
treras. 

The sale was approved by the governor. The Indians 
were ordered to put up permanent monuments, which they 
did. 

This archive shows that in 1763 Bernalillo was on the 
west side of the Rio Grande. Pp. 1, 2, 3, 8, and 9 ; q. v. 

1350 DECREE. October 31, 1769. Location of the Sumas 
Indians. 

Don Pedro de la Fuente [rubric] ; Don Tomas Velez 
Cachupin, Governor and Captain-General; Don Carlos 
Fernandez; Don Joseph Maldonado. 




THE SPANISH AECHIVES OF NEW MEXICO 403 

The founding of a pueblo of Sumas Indians at San Lo- 
renzo el Real. 

1351 PUEBLO INDIANS. San Ildefonso; Santa Clara. 
Lands. 

Felipe Tafoya, as attorney for the Indians of San Ilde- 
fonso, filed a protest with the governor of New Mexico 
against the occupancy of certain lands belonging to the 
Pueblo league by Spaniards who claimed to own them. 

The Indians alleged that during the administration of 
Governor Pedro Rodriguez Cubero their old people had 
loaned a house lot to Mathias Madrid, in order that he 
might erect thereon a house; that not only did he build 
a house, but also began to cultivate lands notwithstand- 
ing their protests ; that finally he offered to sell the lands 
to them, but they refused to buy because the lands were 
already theirs; that he then sold them to Juana Lujan, 
whose heirs were still in possession, her son, Juan Gomez, 
having built a house so close to the pueblo that his culti- 
vated land adjoined the garden of the Indians next to the 
pueblo ; that on the other side of the river and within the 
pueblo boundaries Marcos Lucero, a citizen of Ojo Cal- 
iente, also had built a house, under the pretext of being 
an heir of Francisco Lujan, deceased ; that although it was 
true that the latter had bought a piece of land of an In- 
dian of San Ildefonso the people of the pueblo had made 
complaint because of the damage done to their planting 
lands by the cattle and horses of said Lujan and others, 
and Governor Francisco Marin (Francisco Antonio Marin 
del Valle) had ordered that the Indian should return 
what he had received for the land, but the Indian not 
being able to do so, an Indian from Tesuque named Fran- 
cisco "El Coyote," put up the money by consent of the 
pueblo, said Francisco being interested in the lands be- 
cause he had married a daughter of the interpreter of the 
pueblo ; that after said Marcos Lucero received the money 
it had not been possible to get him to leave the place, and 
he was still there to the inconvenience and damage of the 
Indians; that also, west of the pueblo and within the 
boundaries of the grant, some of the commons of the 
pueblo had been granted to Pedro Sanchez, who also had 
built a house, and although the Indians protested against 
this grant at the time it was made, no attention was paid 
to them, and they had suffered great injury because of the 
stock belonging to Sanchez and that of other persons who 
claim title under said ranch ; that in addition one Antonio 



404 THE SPANISH AECHIVES OP NEW MEXICO 

Mestas, a citizen of Chama and son-in-law of Sanchez, 
proposed to establish a ranch on the other side of the 
river, opposite the Caja del Rio, at the only place where 
there is a practical descent from the Pajarito mesa, etc. 

In view of all this the Indians asked relief from the 
damage they suffered and that their league in three direc- 
tions should be protected and given to them. 

The governor, Cachupin, acted and commissioned, Feb- 
ruary 4, 1763, Don Carlos Fernandez to examine the 
grants or titles under which Matias Madrid had sold to 
Juana Lujan ; to measure the distance from the church in 
the pueblo to the ranch ; to measure also toward the ranch 
of Marcos Lucero, ejecting the latter from the land for 
which the price had been returned without permitting 
him the slightest recourse; to examine the site of the 
ranch of Pedro Sanchez as to whether it is on lands which 
belong or ought to belong to the pueblo ; to notify Antonio 
Mestas not to build a house or make a settlement at the 
only point for a watering place on the Bio del Norte and 
to report to the governor what he had done. 

On February 17, 1763, Fernandez, chief alcalde of San- 
ta Cruz at the time, made report that he had notified the 
heirs of Juana Lujan and that they had exhibited to him 
a grant given to Matias Madrid by Don Pedro Rodriguez 
Cubero, the possession being given by Roque Madrid with 
a decree by Don Juan Paez Hurtado; also a deed by 
Matias Madrid to Juana Lujan, made before Captain Se- 
bastian Martin, and re-validated by the inspector, Juan 
Paez Hurtado; and also a certified copy of a decision 
made by the same officer. The alcalde ordered the docu- 
ments attached to the proceedings in the case. They are 
found on leaves 5 to 9 of the archive in question. 

On February 17, 1763, Fernandez measured the dis- 
tance from the gate of the cemetery in the pueblo, which 
gate faced the east, to the boundary of the land claimed 
by the heirs of Juana Lujan, a distance of 2,200 varas 
and continuing the measurement in the same direction 
(east) to the boundary which said heirs recognized as 
separating them from the lands of the heirs of Ygnacio 
Roybal, there was a further distance of 1,650 varas. This 
last boundary was an arroyo, the nearest one to the prin- 
cipal house of Juana Lujan. From the measurements it 
is evident that the lands claimed by the latter 's heirs were 
within a distance of 3,850 varas from the gate on the 
east side of the San Ildefonso cemetery. 

On the 18th, Fernandez began at the north wall of the 



THE SPANISH AECHIVES OF NEW MEXICO 405 

church in San Yldefonzo and measured directly toward 
the house of Marcos Lucero and at a distance of 4,372 
varas he came to the boundary of the land claimed by said 
' ' Lucero and other heirs of Francisco Gomez del Castillo. ' ' 
Thence continuing the measurement in the same direction 
a distance of 628 varas he arrived at a point 5,000 varas, 
or one Spanish league, from the point of beginning. This 
distance took in the house and all the lands, except 61 
varas, claimed by the heirs of Gomez del Castillo. These 61 
varas reached the boundary of Juan Esteban Canjuebe, a 
citizen of Santa Clara. 

While this party who had been present at this measure- 
ment were all together on the lands which had been pur- 
chased by Marcos Lucero (they were purchased by Fran- 
cisco Lujan) under whom Lucero claimed by right of in- 
heritance (see the protest at the beginning of the pro- 
ceedings) the verbal statement was made by the Indian 
from Tesuque, Francisco (El Coyote) that from the time 
he paid the money back to Marcos Lucero the latter had 
not planted the lands, which as a matter of fact were be- 
ing planted by Francisco, although Lucero was living in 
the house which he had built, not on the lands purchased 
but on those he had inherited. 

Also, on February 18, 1763, Fernandez began at the 
western wall of the cemetery of San Ildefonso and meas- 
ured west therefrom a distance of 3,200 varas, at which 
point he was north of the house of Pedro Sanchez. He 
then continued the measurement west 1,800 varas further 
to the end of the league of 5,000 varas belonging to the 
pueblo. 

In closing the proceedings for that day the alcalde uses 
the following language : ' ' From measurements it results 
that there remains to the natives of this said Pueblo all that 
which the two extremities of the north and west measure- 
ments comprise as far as the mountain, which might be 
four leagues in length, for commons between the two di- 
rections mentioned." 

On February 20, 1763, the alcalde summoned before 
him Antonio Mestas, whom the Indians had accused of 
intending to establish a ranch on the other sidie of the 
river at the only place where there was a practical descent 
from the Pajarito mesa. The alcalde informed Mestas 
of the order of the governor and Mestas said that he 
would obey it; that neither then nor at any time had he 
intended to settle the place. 

Having complied with the orders of the governor the 



406 THE SPANISH AECHIVES OF NEW MEXICO 

alcalde returned the papers to him and the governor 
sent them all to the Indians in order that they might} 
make any statement they saw fit in support of their con- 
tention. 

Felipe Tafoya, as attorney for the Indians, made an- 
swer for them stating that he had examined the grant 
made to Matias Madrid by Governor Cubero and also the 
deed made by Madrid to Juana Lujan and he did not ad- 
mit the value of these documents ; that he called attention 
to the decision (see leaf 9 of his archive) in favor of 
Madrid y dated September 27, 1704, which clearly showed 
the justice of his client's contention, for said decision 
stated that the grant made by the Marquis of Naba Bra- 
cinas to Ignacio Roybal was made to the injury of the 
Indians ; that that being true with how much more reason 
did the Indians claim that they were injured by the grant 
made to Madrid, for the measurements made by the al- 
calde, Madrid, showed that Fernandez' grant was further 
within their boundaries than that made to Roybal. 

The answer made by Tafoya and the other papers were 
sent to Juan Gomez and Marcos Lucero, heirs of Juana 
Lujan, on February 28, 1763, for reply thereto. 

The reply was signed by Juan Gomez del Castillo. He 
denies the statement made by Tafoya, in first presenting 
the case, that the Indians had loaned the land to Matias 
Madrid in order that he might build a house thereon. He 
says that the grant which he had already exhibited proved 
the contrary; that from the date of the grant to the date 
of his reply it had been duly held and cultivated without 
interference by those claiming under it, and he remarks: 
"If ten years of possession in good faith give a right to 
the possessor, how much more do sixty-odd years give it to 
us. ' ' He makes quite an argument on the facts developed 
in the case. 

On November 3, 1763, the papers were again ordered 
to be sent to the attorney for the Indians, Felipe Tafoya, 
and he made another argument for the Indians. 

Following this is an order of November 12, 1763, by 
Governor Velez Cachupin, directing that the proceedings 
be transmitted to the licentiate, Don Fernando de Tori j a 
y Leri at Chihuahua, in order that he give a legal opinion 
on the points involved. 

The opinion requested is dated October 27, 1764, and, 
after a brief review of conditions existing, amounts only 
to a suggestion as to the best and most practicable man- 
ner of settling the dispute in an equitable way and with- 



THE SPANISH AECHIVES OF NEW MEXICO 407 

out encouraging the same class of controversies in other 
pueblos. 

The licentiate says, in substance, that the best way to 
settle the matter would be to give the Indians from the 
unoccupied lands on the north and west, an amount suffi- 
cient to make up what they are lacking to complete the 
full amount to which they were entitled. He also ap- 
proves the action of the governor relative to the house 
which Antonio Mestas was accused of intending to erect 
on the land of the Indians and suggested that monuments 
should be erected and that the Spanish citizens be or- 
dered to keep their stock outside of those boundaries un- 
der the gravest penalties. 

This opinion is followed by the decision of the govern- 
or, dated April 12, 1765, which is in effect a grant of 
lands west of the pueblo to the Indians thereof. He says : 
' ' In view of the fact that on the west, directly toward the 
mountain, there are lands free and unoccupied, there is 
granted to the Indians of the Pueblo of San Ildefonso all 
the extent necessary and of which they may be in need 
for pasturing their large stock, of which they have an 
abundance, and big herd of horses necessary to the 
rendering of royal service, there being included in 
their property the ranch that was called that of Pedro 
Sanchez, now unoccupied, situate in the valley of the little 
arroyo which they call Los Guages ; and as to what relates 
to the north side, along the edges of the river, upward, 
the house constructed by Marcos Lucero, a citizen tres- 
passing on the boundaries of the cultivated land of said 
Pueblo of San Ildefonso, may be destroyed, or the said 
house may be remain for the benefit of the said Pueblo, 
to serve as a boundary and stable and known landmark ; ' ' 
etc. 

At San Ildefonso, on April 24, 1765, the substitute 
chief alcalde, Antonio Jose Ortiz, in compliance with the 
order of the governor called together the people of the 
pueblo, their attorney, and all the heirs of Juana Lujan 
and announced to them the decision of the governor. 
Thereupon the Indians stated they were in conformity 
with the decision as to the eastern and western sides, but 
not as to the northern, because the house of Marcos 
Lucero, which was designated to them as a boundary, was 
in the midst of the lands which they had always recog- 
nized as theirs, for the boundary which they had always 
recognized had been an arroyo which had been pointed 
out to them by Governor Juan Paez Hurtado; that if 



408 THE SPANISH ARCHIVES OF NEW MEXICO 

their landmark should be fixed at that arroyo, they would 
be satisfied. The heirs of Juana Lujan and Francisco 
Lujan stated that with regard to the boundary with which 
the Indians were satisfied they still desired to make fur- 
ther representations, and the heirs of Pedro Sanchez made 
the same statement. 

The next paper in the proceedings is a statement by 
Felipe Tafoya, on behalf of the Indians, that if they 
should be given the arroyo designated by General Juan 
Paez Hurtado, for their boundary on the north they 
would be satisfied with the decision as to the eastern and 
western boundaries. He further stated that the Indians 
said that the monument erected by order of Juan Paez 
Hurtado had been taken away, but at the foot of the 
monument they had buried in the ground some stones, in 
the form of a cross, and that those possibly might still be 
found, but even if they could not be found the Indians 
knew the place where they had been buried to mark the 
boundary. 

On June 10, 1756 (1765) Governor Yelez Cachupin or- 
dered the Indians to exhibit some documentary evidence 
of the measurements which they claimed had been made 
by Governor Paez Hurtado, and also he directed the substi- 
tute chief alcalde, Don Antonio Jose Ortiz, to make an ex- 
amination as to whether the stones placed in the form of 
a cross could be found. 

On July 21, 1765, the substitute chief alcalde proceeded 
with the examination ordered, having first asked the In- 
dians to exhibit the instrument that was given to them 
at the time the boundary was established and to state the 
names of the witnesses who were present on that occa- 
sion. To this request the Indians responded by present- 
ing a document which forms leaves 21 and 22 of the manu- 
script, the purport of which will be referred to later. The 
substitute chief alcalde, accompanied by the Indians, the 
heirs of Francisco Gomez del Castillo, and by Domingo 
Vigil, who had been summoned as a witness at the request 
of the Indians, and who had taken part in the proceedings 
described in the document just presented by the Indians, 
went to the place where the latter said stones had been 
buried in the ground. Some of the stones were visible, 
and when the others were uncovered it was seen that they 
had been buried in the form of a cross, as the Indians had 
stated. Domingo Vigil then said to the Indians that the 
boundary which he had pointed out to them was not 
there, to which the Indians replied that it was the same 






THE SPANISH AECHIVES OF NEW MEXICO 409 

one which they had established by command of General 
Paez Hurtado. When the Indians were asked if he had giv- 
en them a document they said that they did not know for 
they were mere boys at that time, but they were certain it 
was the boundary which was designated by him. 

This man, Domingo Vigil, whom the Indians had sum- 
moned as a witness, and who, when confronted with the 
stones set in the ground in the form of a cross, denied 
that such was the place he had designated, was the chief 
alcalde (formerly) of Santa Cruz, and while filling that 
office, had acted officially in a matter which was set forth 
in a document signed by him and dated April 2, 1731, 
which document had been presented to the alcalde, An- 
tonio Jose Ortiz, July 21, 1765, by the Indians and which, 
as before stated, forms a part of archive 1351, being 
found on leaves 21 and 22 thereof. 

It is shown in this document that the Indians of San 
Ildefonso made some sort of a complaint to Governor 
Bustamante about a grant made to Mateo Trujillo between 
their pueblo and the pueblo of Santa Clara ; that the gov- 
ernor sent for Domingo Vigil, then alcalde of Santa Cruz, 
ordering an investigation of the boundaries and to see 
that the Indians were paid for the work they had done in 
taking out the irrigation ditch; that when the alcalde 
went to examine into the matter the Indians of Santa Clara 
showed him a decree by Governor Paez Hurtado, June 9, 
1724, in regard to a complaint they had made about this 
same grant to Mateo Trujillo, by which it appeared that the 
governor (Juan Paez Hurtado) had measured a league 
south from the pueblo of Santa Clara, said Trujillo being 
present, and had fixed as the northern boundary of his land 
the lands of the pueblo of Santa Clara, and as his southern 
boundary the slope of the San Ildefonso mesa. 

Vigil states that in conformity with the decree of Gov- 
ernor Paez he designated as a boundary on the north the 
slope of the mesa which served as a southern boundary 
of the lands of Mateo Trujillo ; that he commanded monu- 
ments to be placed on the boundary, and they were placed ; 
that the Indians agreed not to demand anything for the 
work they had done on the irrigation ditch, provided the 
lands should remain in the hands of Baltazar Trujillo or 
Antonio Tafoya, and in case they wanted to sell them 
they would sell to the Indians; and with the further un- 
derstanding that in the meantime the Indians should 
not be compelled to clean the ditch, all of which was 
agreed to by Trujillo and Tafoya. 



410 THE SPANISH AECHIVES OF NEW MEXICO 

Following the foregoing, which is signed by Domingo 
Vigil and two witnesses, is an approval of the agreement 
between the Indians and the Spaniards, signed by Governor 
Don Gervasio Cruzat y Gongora on July 6, 1732. 

This is followed by another action of the same gover- 
nor, April 7, 1736, showing that he had changed his mind 
about the matter ; that he had come to the conclusion that 
the agreement was prejudicial to the interests of the Span- 
iards, because the Indians had not exhibited any grant 
for their lands and consequently the lawful boundaries 
thereof were not known with certainty; but he told both 
parties to respect the boundaries which had been estab- 
lished. 

This concludes the document presented to the alcalde, 
Antonio Jose Ortiz, on July 21, 1765, by the Indians of 
San Ildefonso. 

The examination having been completed by Ortiz, he 
returned his report with the papers, and the governor, 
February 6, 1766, referred them to the attorney for the 
Indians, Don Felipe Tafoya. 

Argument was now made by Tafoya in favor of the 
Indians, whereupon, May 5, 1766, the governor rendered 
a second decision. This is recorded in the records of the 
county of Santa Fe, but it appears that a portion of it 
is missing, but the most important features are recorded. 

The governor decided that the land belonged to the In- 
dians of San Ildefonso as far as the boundary established 
by Governor Paez Hurtado, where the stones in the form 
of a cross were found buried; that if the owners of the 
ranch, including the lands of Mateo Trujillo, should wish 
to sell it at any time, they must give the Indians the 
preference in the event they wanted to purchase; that 
any sale which might have been made to any person other 
than the Indians was null and void. 

Furthermore, the governor ordered the alcalde, Antonio 
Jose Ortiz, to place the Indians in possession of the bound- 
ary and to give them to understand that they could use, 
hold, and enjoy the lands which had been usurped by the 
Spaniards up to that point, which was to be marked by a 
firm and permanent monument. 

The next document is a petition by Ursula Guillen to 
Governor Velez Cachupin, in which she alleges that she 
had a ranch between the pueblos of San Ildefonso and 
Santa Clara, which was bought by her deceased husband, 
Francisco del Castillo, from Don Joseph de Orcasitas ; that 
she had lived on said ranch in quiet and peaceful possession 



THE SPANISH ARCHIVES OF NEW MEXICO 411 

for twenty-six years; that she still holds possession in 
spite of the fact that the Ute Indians had attacked the 
ranch, killed two of her sons, and driven off her stock ; that 
on the 20th of that month (apparently May, 1766) the 
Indians of San Ildefonso had gone to her ranch while she 
was engaged in planting, and had told her that Felipe 
Tafoya had sent them an order that the lands of the ranch 
should be partitioned among them by their governor ; that 
in view of the fact that they exhibited no order from 
Governor Velez, and the notification was not brought by 
any Spanish official, she had not permitted them to make 
a partition of the lands until she could lay the matter 
before the Spanish governor. She calls attention to the 
fact that during a very long period the Indians had failed 
to make any claim to the ranch when it had been sold and 
had passed from the possession of one owner to another 
and that at the time that her husband had been placed in 
possession of it, the Indians had been summoned to ap- 
pear and that the boundaries had been designated by 
Domingo Vigil. In conclusion she states that in order 
that the governor may understand the matter she trans- 
mits with her petition four documents. These do not 
form a part of this archive, and a subsequent statement 
by Governor Velez shows that he ordered that they be 
returned to her. 

This petition was examined by Governor Velez on May 
24, 1766, and he ordered that it and the four instruments 
accompanying it be transmitted to Felipe Tafoya, that, 
as attorney for the Indians, he might reply to the same. 

This he did immediately, calling the attention of the 
governor to the fact that the recitals in the instruments 
referred to were not of a character to make clear the num- 
ber of varas contained in the ranch, some of them con- 
taining no mention even of the boundaries, or referring to 
the original grant as giving that information, although 
the said grant was not attached to the proceedings and 
consequently was not available for the purposes of the 
case. 

In regard to one of the instruments, which he says did 
mention the boundaries, as being on the north the lands 
of the pueblo of Santa Clara andj on the south the lands 
of his clients, the people of San Ildefonso, he says that 
this simply leaves open the question as to the exact loca- 
tion of those boundaries and that nothing has been pre- 
sented in the case which militates against the proof al- 
ready adduced by the Indians in regard to their boundary 



412 THE SPANISH AECHIVES OF NEW MEXICO 

being at the point where the stones were buried in the 
ground in the form of a cross. 

In conclusion he asks that the governor's previous de- 
cision be carried into effect, and that after the landmark 
shall be established at the proper point, the number of 
varas from there to the house of Ursula Guillen be meas- 
ured, as well as the distance from the house to the boun- 
dary of the pueblo of Santa Clara. 

On May 24, 1766, Governor Velez reviewed the case and 
ordered that his previous decision be carried into effect, 
commanding the deputy alcalde and the attorney for the 
Indians to proceed at once to place the Indians in pos- 
session of their ancient boundary, and to measure from 
there to the ranch house and from the latter to the bound- 
ary claimed by the Santa Clara Indians, and to set forth 
the whole matter in a proper document in order that the 
claimants of the ranch might not thereafter trespass upon 
the lands of the Indians. 

On May 26, 1766, the substitute chief alcalde, Don An- 
tonio Jose Ortiz, with Felipe Tafoya, attorney for the In- 
dians, in the presence of the parties interested, and the 
principal Indians of the pueblos of San Ildefonso and 
Santa Clara, proceeded to comply with the order of the 
governor. 

At the point where the stones had been buried in the 
ground in the form of a cross, a landmark of stones and 
mud was erected and from said landmark a distance of 
200 varas was measured in a northerly direction to the 
corner of the house, and from said corner the measure- 
ment was continued toward the north a further distance 
of 126 varas to the boundary of the pueblo of Santa Clara, 
making the total distance between the boundaries of the 
two pueblos 326 varas. 

On June 23, 1766, Governor Velez ordered that the 
preceding instrument be attached to the other papers in 
the case and that a certified copy of his decisions of April 
12, 1765, and May 5, 1766, and also of his last decree of 
May 24, 1766, be given to the Indians, as well as the pro- 
ceeding immediately following that decree and the one 
in which the order is given. He further ordered that the 
original proceeding should be deposited in the government 
archives. 







THE SPANISH AECHIVES OF NEW MEXICO 413 

J2 EL CAPULIN. Proceedings as to occupation of by 
Miguel Komero and his brother, Domingo Romero. 
Santa Fe, April 11, 1765. 

This manuscript contains first a communication from 
Bartolome Fernandez, chief alcalde of the Queres Pueblos, 
to the governor and captain-general of New Mexico, call- 
ing his attention to the fact that certain citizens, named 
Romero, were settling a place called El Capulin, near 
the pueblo of Cochiti; that the said place was the sum- 
mer pasture grounds of the Cochiti Indians and other 
people; that as long as Fernandez had lived in the king- 
dom the place had never been settled and he had no knowl- 
edge of any grant to cover the place in question. 

On April 11, 1765, Governor Velez commissioned Fer- 
nandez to visit the place in question and eject the persons 
who were settling there. 

Two days later Fernandez made report that he had in- 
formed Miguel Romero of the order and had stated that he 
would obey but he had certain statements which he would 
make to that officer in regard to the matter. The report is 
followed by a statement from Miguel Romero wherein he 
says that he had had the place for five years and six 
months and had not been interfered with until that year, 
when it became known that he had bought those inter- 
ests in the property that did not belong to him, which 
had been paid for by him and his brother, Domingo 
Romero. He states that he presents to the governor in 
support of his claim a grant and a will left by his grand- 
father, Andres Montoya, and adds that the persons who 
are opposing his occupancy of the land had an opportunity 
to purchase the interests which he had acquired, but they 
waited until he had bought them and then took advantage 
of the occasion to give him trouble. 

The grant referred to in Romero's statement is found 
on leaves 5 and 6 of the manuscript, and the will, which 
is a certified copy, made June 18, 1740, is found on pages 
7, 8, and 9. 

The grant, which was made August 18, 1739, by Gov- 
ernor Gaspar Domingo de Mendoza, does not describe the 
boundaries of the land, but the applicant, Andres Mon- 
toya, stated in his petition that the tract was half way 
beween the gardens of Cochiti and those of San Ildefonso, 
on the other side (western) of the Rio del Norte. In 
describing the boundaries he used the following language : 
' ' Said tract is bounded on the north side by said gardens 



414 THE SPANISH AECHIVES OF NEW MEXICO 

of San Ildefonso, and on the south by those of Cochiti, 
being distant from each of the two mentioned places of 
the gardens more than a league; and also it is bounded 
on the east by the Rio del Norte and on the west by the 
Cochiti mountains." 

The act of possession, October 7, 1739, signed by Cap- 
tain Antonio Montoya, chief alcalde of Santa Fe, has this 
to say about the boundaries: "And I gave it (the pos- 
session) to him with the same boundaries which he desig- 
nates in his petition, as also his boundaries run on the 
east the Rio del Norte, on the west by the high mountain 
which runs from Cochiti, on the north one league farther 
down from the last trees of the Indians of San Ildefonso, 
and on the south one league farther up from the gardens 
of the Indians of Cochiti." 

In the margin, on the act of possession, is a note signed 
by Governor Mendoza, showing that the grant had been 
entered on the proper book in the archives. 

The will, heretofore referred to, was dated June 17, 
1740, one day prior to the making of the certified copy, 
and in it the land in question is referred to on the third 
page of the instrument. The testator, in describing two 
tracts of land which he owned, refers to the second one in 
these words: "And the other on the other side of the 
river Del Norte, which I have not put under cultivation 
because of my illness, which is between the gardens of the 
Pueblo of San Ildefonso and Cochiti, the boundaries of 
said tract being distant from each garden half a league." 

Miguel Romero's statement transmitting this grant to 
the governor and the will, is followed by an order of Gov- 
ernor Velez, April 18, 1765, directing that his previous 
order be carried into effect and that the parties be again 
notified that under no circumstances should they have a 
house or cultivated land on said tract. However, they 
were permitted to run their stock on it, as did other cit- 
izens, but this was to be done without injury to the Co- 
chiti and San Ildefonso Indians. The chief alcalde of 
Santa Fe, Don Francisco Guerrero, was directed to carry 
this order into effect; and the governor further directed 
that the grant and certified copy of the will filed in the 
case by Miguel Romero be attached to the other papers 
and be transmitted to the people of Cochiti and San Ilde- 
fonso, to the owners of lands adjoining the Capulin Tract, 
and to the officers of the cavalry company at Santa Fe, in 
order that they might state anything favorable to their 
interests. 



THE SPANISH AECHIVES OF NEW MEXICO 415 

On the day this order was issued (April 18, 1765,) the 
alcalde of Santa Fe, Don Francisco Guerrero, notified the 
Romeros of the contents of the order and they stated that 
they would obey, but also that they had certain matters 
in their defense which they desired to lay before the gov- 
ernor. 

The next proceeding, in chronological sequence, is an 
argument by Bartolome Fernandez, on behalf of the In- 
dians, criticising the grant filed by the Romeros and 
showing its defects, as well as those of the will filed, and 
the inconsistencies existing between recitals in the latter 
and others in the act of possession, with regard to the 
boundaries. This argument is on leaf 10 of the manu- 
script, and is followed by a note, signed by Fernandez, 
transmitting the papers to the alcalde of La Canada 
(Villa Nueva de la Canada de Santa Cruz) for the latter 's 
compliance with the governor's order of April 18, 1765. 
The entries by Fernandez are not dated. 

On July 7, 1765, Don Manuel Garcia, the alcalde of La 
Canada, reported that he had called together the San II- 
defonso Indians and the citizens and informed them of 
the order of the governor, to which they assented, saying 
nothing whatever. 

On October 1, 1766, Lieutenant Tomas Madrid and En- 
sign Francisco de Esquibel, of the royal garrison of Santa 
Fe, reported that they had examined the grant and the 
boundaries therein stated, and had found out that said 
boundaries did not include the commons used for the 
horse-herd of the garrison. 

Subsequently, Miguel Romero presented a petition to 
the governor, asking that the proceedings in the case and 
the instruments which he had presented be delivered to 
him so that he might present his side of the controversy. 

On April 22, 1767, Governor Pedro Fermin de Men- 
dinueta ordered his petition to be attached to the pro- 
ceedings and delivered to Romero as requested. 

Romero then made a statement of his case, alleging 
their occupancy of the land was not prejudicial to the 
Indians of Cochiti, because it was more than S 1 /^ leagues 
distant from their pueblo and that in the space between 
the two places, were situated more than 40 Spanish fam- 
ilies. He says that these families do not in any way 
damage the Indians, and asks why it should be thought 
that he and his brother would injure them, etc. He says 
that so far as San Ildefonso is concerned, no damages 
result to that pueblo, which is distant about 8^/2 leagues. 



416 THE SPANISH AECHIVES OF NEW MEXICO 

He urges that if the documents he had himself presented 
as evidencing his right to the place be considered as hav- 
ing no value, his having kept his stock there for five and 
one-half years is favorable to his contention, and he al- 
leges great damages on account of having been prevented 
making a settlement at the place in question. 

On April 25th, Governor Mendinueta finally decided the 
case, saying in substance that having examined the pro- 
ceedings and in view of the nullity of the grant appearing 
on leaves 5 and 6 thereof, and the convincing arguments 
of the alcalde, Bartolome Fernandez, on leaf 10, which 
clearly showed that the possession given to Andres Mon- 
toya was lacking in the necessary requisite of the sum- 
moning of the owners of the adjacent lands, and also be- 
cause of no settlement having been made within the period 
prescribed by law, the grant having been made in 1739, 
and the attempted settlement made by Miguel Romero in 
1765, and for other reasons proper to consider, declared 
the grant to be of no value and that neither Andres Mon- 
toya nor his heirs had acquired any right to the Capulin 
Tract. He further decided that the fact that Romero had 
pastured his stock on the tract gave him no right of prop- 
erty therein, because it had been done without just title 
(justo titulo) ; that he might use it in the same way that 
it had been used by the natives of Cochiti and the ad- 
joining citizens as royal domain ; that neither Miguel 
Romero nor anyone else should make settlement on or 
have the ownership of the tract; that it should be held 
and considered to be royal domain for the common use 
of anyone who desired to pasture stock, without exclud- 
ing Romero, who had been permitted so to do by Gov- 
ernor Tomas Velez Cachupin by his decree of April 18, 
1765. 

In conclusion he ordered that Miguel Romero be noti- 
fied of the decision and warned that he must not again 
present petitions in bad faith, and advised that no ap- 
peal would be allowed. 

1353 PUEBLOS OF SANTO DOMINGO AND SAN 
FELIPE. 

Grant. Papers transferred to packet containing all pu- 
eblo claims. 

1354 PKOCEEDING IN A DISPUTE between the In- 
dians of Santa Clara and San Ildefonso and certain 




Facsimile of Signature of Captain Don Carlos Fernandez. 




Facsimile of Signature of Colonel Don Pedro de Villasur. 




Facsimile of Signature of Captain Don Man- 
uel Delgado. 




Facsimile of Signature of Don Domingo de 
Labadia. 



THE SPANISH AECHIVES OF NEW MEXICO 417 

Spanish citizens relative to a ranch claimed by the 
Spaniards lying between the two Pueblos. 

The Indians of Santa Clara and San Ildefonso presented 
a petition to the governor of New Mexico, complaining 
that many years before some Spaniards had established 
a ranch between the two pueblos on the western side of 
the Rio del Norte; and had trespassed upon their lands; 
that complaint had been made to the governor's prede- 
cessors, but without avail ; that the pueblo of Santa Clara 
had never had its league measured; that Fr. Sebastian 
Anton, then deceased, a former minister of that mission, 
having found in the possession of Juan Pubijua, a Santa 
Clara Indian, an old document which cleared up the whole 
matter, and the contents of which were entirely favorable 
to the Indians, delivered the same to them ; that they sent 
it to the governor, who, after having examined it, returned 
it to them, and they gave it back to Juan Pubijua, who 
was living away from the pueblo as a Spanish citizen; 
that, having then learned that when the governor returned 
the paper to them he said to the persons who brought it 
back that if the Indians had any right or request to make 
they should make it in a formal manner, they invited his 
attention to it in order that he should compel the return 
of the paper to them, and in case the paper should not 
be found, they asked that the league be measured south 
from the pueblo of Santa Clara, and another league be 
measured north from the pueblo of San Ildefonso for the 
purpose of ascertaining whether in the intervening space 
there was room for a Spanish ranch. In conclusion they 
asked the governor to decide the matter as he believed to 
be just and also to approve their selection of Carlos Fer- 
nandez as their attorney in the case. 

This petition was presented to Governor Juan Bautista 
de Anza, at Santa Fe, May 6, 1786, and the selection of 
Fernandez was approved and directed the alcalde of La 
Canada, Don Jose Campo Redondo, in company with 
Fernandez and in the presence of the governors and prin- 
cipales of the two pueblos, and the occupants of the ranch 
in question, to proceed to measure with a waxed cord, 
one hundred varas in length, one league south from the 
cross in the old cemetery at Santa Clara; and the same 
distance north from a like point in the one at San Ilde- 
fonso, placing at the termination of the two lines perma- 
nent landmarks, which, for the lack of stone and mortar, 
were to consist of inclosures of cedar stakes driven into 



418 THE SPANISH AECHIVES OF NEW MEXICO 

the ground, two varas in circumference, and filled in with 
four or five cart-loads of stone, so that they could not 
easily be removed. 

In case any land remained between the two landmarks 
it was to be measured, and the number of varas it con- 
tained was to be stated in the report of the alcalde. 

On May 10, 1786, the alcalde proceeded to comply with 
the governor's orders, but states that because he could 
not find any wax with which to wax the cord he had to 
moisten it. He says that the distance of 5,000 varas (one 
league) measured south from the cross of the cemetery of 
the old church in Santa Clara, included the residence of 
the citizens who claimed the ranch and that the same dis- 
tance measured north from San Ildefonso overlapped the 
first measurement 39% varas, so that each of the two 
leagues was 19 varas and 1% quarters short. [His calcu- 
lation is erroneous.] 

After the alcalde's report had been returned to the 
governor, the latter, May 13, 1786, sent it to Carlos Fer- 
nandez that he might make any statements which he 
deemed in the interest of his clients. Fernandez made an 
argument in favor of the Indians, stating that in view of 
the fact that the two leagues over-lapped, it was incredible 
that any predecessor of the governor had made a grant 
to any citizen of the lands belonging to the two pueblos, 
unless the same had been based upon a deceptive and 
fraudulent report; that any sales which had been made 
did not avail anything, because, if the first vendor had no 
right, neither had his successors, etc., etc. He goes into 
the question of the character and extent of the lands 
owned by the Santa Clara people and other matters, all 
of which, in view of the final decision of the case, do not 
appear to be of sufficient importance to be set forth. In 
conclusion he prays the governor to eject the citizens 
from the lands and to declare the lands the property of 
the two pueblos. 

This argument was transmitted by the governor, May 
16, 1786, to the occupants of the ranch, who made answer, 
among other things alleging that the lines had not been 
correctly measured; that the cord had not been waxed 
and that it was old and patched up with a leather strap ; 
that it broke on two occasions because of being drawn too 
tight; that the measurement made toward the north from 
San Ildefonso was not made from the cross in the cem- 
etery, but along the lower side of the wall of the garden 
of that pueblo ; that their statements could be proved by 



THE SPANISH AECHIVES OF NEW MEXICO 419 

witnesses, who did the measuring. They also referred to 
proceedings had in the time of Governor Velez, when Car- 
los Fernandez, then chief alcalde, made what they refer 
to as the first measurement (see archive 1351). They 
further stated that subsequently Don Felipe Tafoya, who 
was acting as attorney for the Indians of San Ildefonso, 
came to hunt up the old boundary and found the one 
which the Indians said had been established by order of 
Governor Juan Paez; that at that time the Indians had 
been asked to produce any documents they had, and they 
answered that they had none, but were bound by that 
anciently established landmark; that the said landmark 
as then established left the ranch in question 326 varas. 
(This statement is confirmed by the proceedings of May 
26, 1766, by the substitute alcalde, Don Antonio Jose Or- 
tiz.) (See archive 1351.) 

There are other matters touched upon by the statement 
of the occupants of the ranch, but they are of small con- 
sequence and not worth setting out here. 

On May 19, 1786, Governor Anza, after having consid- 
ered the allegations and recitals contained in the docu- 
ments, but which are not attached to this archive, ordered 
the lines re-measured by the same alcalde, Don Jose 
Campo Bedondo, who had measured them on the 10th of 
the same month; in this second measurement he ordered 
that a waxed cord be used. He also directed that the 
space occupied by the houses in San Ildefonso which inter- 
fered with running a line straight north from the beginning 
point in that pueblo, should be carefully measured and 
included in the distance to be measured toward Santa 
Clara. 

On May 22, 1786, the alcalde, Campo Bedondo, meas- 
ured, with a waxed cord, from the beginning point in the 
pueblo of Santa Clara in a southerly direction toward 
San Ildefonso, and at the end of 50 cords, equal to 5,000 
varas or one league, discovered that the measurement was 
118 varas short of the previous measurement, made May 
10th. In order to decide whether this difference was the 
result of a mistake in the last measurement, he measured 
from the point he had just reached back to the cross in 
the cemetery at Santa Clara, and found the distance to be 
50 cords of 100 varas each. 

On the following day he went to San Ildefonso to 
measure the league north from that pueblo. He stated 
that being at the point of beginning, it was not possible 
to measure a line straight north without cutting a hole 



420 THE SPANISH ARCHIVES OF NEW MEXICO 

through the wall of the church ; that he laid out an offset 
line in order to avoid the church and other rooms of the 
convent, and thus measured 50 cords toward the north, 
and at the end of that distance was 118 varas short of the 
measurement previously made; that, therefore, between 
the ends of the two lines measured respectively from 
Santa Clara and San Ildefonso, there was a space of 236 
varas; that at the ends of the two lines just mentioned, 
two stakes were driven into the ground as temporary 
marks. 

The report of the second measurement was transmitted 
to the governor, who, May 26, 1786, transmitted it and the 
four documents, filed by the ranch claimants, to the at- 
torney for the Indians. 

The latter made a very long argument for the Indians, 
with the conclusion that under the royal laws of Spain 
they were entitled to the lands in dispute, and praying 
for a decision by the executive to that effect. 

On May 30, 1786, the governor sent all of the proceed- 
ings to the claimants of the ranch and they made another 
statement in regard to the matter, alleging that they had 
been injured in the second measurement by the cord be- 
ing three-fourths of a vara too long, it having been made 
so by the attorney for the Indians, who took it away from 
the men who were doing the measuring and lengthened it ; 
that when Miguel Quintana protested against this to the 
alcalde, the latter refused to allow him to make any state- 
ment about it ; that this could be proven by Quintana and 
the witnesses from whom the cord was taken in order to 
be altered in length, etc. 

On June 3, 1786, the governor sent the papers to the 
alcalde, Jose Campo Redondo, telling him to report in re- 
gard to the alleged treatment of Quintana, and to return 
the papers with the witnesses referred to by the com- 
plainants. 

The alcalde complied with this order June 6th, saying 
that the allegation in regard to the measurement of the 
cord was false, and that he had not failed to treat both 
Quintana and all the other parties with justice. In con- 
clusion he stated that he was sending it to the governor 
with the witnesses requested. 

On June 8th, the governor ordered Second Lieutenant 
Jose Maldonado to take the depositions of the two wit- 
nesses, Juan Ignacio Mestas and Cristobal Maese. This 
was done at once and the depositions taken fail to support 



THE SPANISH AKCHIVES OF NEW MEXICO 421 

the statements made by the occupants of the ranch, but 
corroborated each other and that of the alcalde. 

On June 10, 1786, Governor Anza decided the case, re- 
viewing the important features. His decision was that 
the two pueblos were the owners of the lands included 
within the leagues measured to them by the alcalde, Jose 
Campo Redondo, on May 23, 1786, which was the date of 
the second measurement; that they were immediately to 
proceed to erect landmarks at the proper points, in com- 
pliance with his first decree ; that Marcos Lucero and the 
other occupants of the lands in dispute between the two 
pueblos, were to be limited, until some other decision of 
the case, to the 236 varas that had been shortly before 
.measured ; that if they desired to sell the land they must 
sell it to the Indians of San Ildefonso if they wished to 
purchase ; but they must not keep on the land more than 
four milch cows and the oxen necessary for tilling during 
the season for cultivation; that if they violated this or- 
der or moved the Indians' landmarks they would be sub- 
ject to a fine of 100 pesos; that the chief alcalde, Jose 
Campo Redondo, in company with the attorney for the 
Indians, was to place all the parties in possession of the 
lands respectively belonging to each; and that the Span- 
iards were to pay all the costs of the proceedings and the 
survey. 

On June 19, 1786, the alcalde proceeded to carry into 
effect the governor's order, Carlos Fernandez not being 
able to be present because of illness and his place being 
taken by Don Juan Ignacio Mestas. 

At the points where the temporary marks had been set 
up, the alcalde set into the ground heavy cedar posts in 
the form of a square, two varas in length, and filled these 
with about three cart-loads of stone in each; also at the 
request of the Indians they were permitted to build a 
wall of stone and mud about a vara in height as a bound- 
ary line for the Spanish ranch, and the space occupied by 
the monuments was on the land of the Indians. The 
manuscript concludes with an entry by the alcalde sending 
the proceedings to the governor. 

1355 LETTER from Felipe Sandoval, dated August 28, 
1812, to Lieutenant-Colonel Joseph Manrique, then 
Acting Governor of New Mexico. 

Sandoval states that the governor of the pueblo of Jemez, 
and his lieutenant-governor, had appeared before him in 



422 THE SPANISH ARCHIVES OF NEW MEXICO 

the name of the pueblo and had complained that while 
Don Antonio Armenta was the alcalde of that district he 
had purchased a corn-field from an Indian of the pueblo, 
named Cumpa; that this had been done without the 
knowledge of the people of the pueblo, and that they did 
not approve of it, but were willing to give an equivalent 
and have it remain for the benefit of the pueblo ; that they 
wanted Armenta to be compelled to compensate them for 
all the pieces of land he had sold to various persons, be- 
cause the lands belonged to the league which they held by 
grant, which league they wanted to have measured and 
marked by monuments; that they considered that they 
had been injured to the extent of a very considerable part 
of their land. 

Sandoval requests the governor to give him orders as to 
steps he should take to undo the wrong which had been 
inflicted on the Indians, whose claim he considered just. 

There is a marginal note, September 1, 1812, signed by 
the governor, directing that the communication be trans- 
mitted to the lawyer, Don Rafael Bracho, in order that 
he give his opinion, and sending to him also a document 
( deed ? ) in favor of the defendant, Don Antonio Armenta. 

There are no further proceedings. 

1356 PROCEEDINGS in a dispute between the Indians 
of Santa Ana and those of San Felipe in regard to 
certain lands claimed by both Pueblos. 

The manuscript begins with a petition by Eusebio Mairo, 
the governor of the pueblo of Santa Ana, to the protector 
of the Indians, Don Felipe Sandoval, asking him to secure 
for them the decision of a dispute between them and the 
Indians of San Felipe, relative to certain lands which they 
alleged they owned by purchase, but which the San Felipe 
Indians have taken from them and sold to different per- 
sons. They say that they complained about this matter 
five years before, to the governor, but had received no 
decision ; that, in the meantime the San Felipe people not 
only had been selling the lands, but had been destroying 
the timber ; that they had protested to the San Felipe peo- 
ple against the cutting of the timber until it should be 
decided to whom it belonged, but no attention had been 
paid to their protests ; if there should be much more delay 
in the matter all of the timber would be destroyed before 
a decision could be had. 

This petition, dated May 5, 1813, was transmitted by 



THE SPANISH AECHIVES OF NEW MEXICO 423 

Sandoval to the acting governor, Don Joseph Manrique, on 
May 10, 1813, and on the same day he directed Don Jose 
Pino, one of the alcaldes of Alburquerque, to investigate 
and settle the dispute, summoning for that purpose the 
alcaldes of Alameda and Jemez, and requiring the Indians 
of both pueblos to present such documents as they had in 
support of their claims respectively. 

In a proceeding, dated May 13, 1813, Pino, after copy- 
ing a letter of transmittal which he had received from 
Governor Manrique, states that he had notified the alcaldes 
and the representatives of the pueblos to assemble in the 
neighborhood of the disputed lands on the day mentioned, 
on the west side of the Rio del Norte; they did so and 
showed him their documents. 

He says that the document of Santa Ana described its 
boundaries as follows: "That on the north side it is 
bounded as far as the outlet of the Angostura, where there 
is a trunk of a tree which the Indians cut down; on the 
east by the Bio del Norte ; on the south by the junction of 
the two rivers ; on the west by lands of the Pueblo itself. ' ' 

He further says that the San Felipe document describes 
the boundaries thus : "On the east the Rio del Norte ; on 
the west by the Cuervillo; on the north the boundary of 
said Pueblo; on the south by lands of the Pueblo of the 
Indians of Santa Ana." 

After the alcalde had read to them these papers, the 
Santa Ana Indians wanted their boundary at the trunk of 
the tree mentioned in their documents, but the alcalde 
says that the trunk was not in existence and no one present 
could give any information about it, so he was governed 
by the first boundary "the outlet of the Angostura," 
where a landmark of stone was placed, both pueblos and 
the alcaldes being satisfied with it. 

The headmen (principales) of the pueblos stated that 
they had no objections to make, but they did want to have 
the boundaries on the other side of the river settled. 
Consequently, May 14, 1813, at the request of the Indians 
of Santa Ana, who had informed Pino that the principal 
object of their complaint was to settle the boundary on 
the east side of the river, he went there and examined 
what he describes as a "pocket of old land" which had 
been formed by the river at the time of a freshet, although 
he could not learn at what date it had occurred. 

He goes on to say that as the papers gave no information 
about the boundary except that it was the edge of the 
river, without explaining whether it ran to the Angostura 



424 THE SPANISH AECHIVES OF NEW MEXICO 

from the west or the east, he saw no way out of the mat- 
ter except to compromise it by a sort of rough estimate; 
that after he had made this, they all said they were sat- 
isfied ; that in accordance with this compromise line which 
he established there were some pieces of broken land that 
fell to the share of the Santa Anas, which were held by 
various citizens of Angostura by purchase from individual 
Indians of the pueblo of San Felipe ; that in view of this 
fact Pino suggested to Don Cleto Miera y Pacheco (at 
that time possibly chief alcalde of Alameda) that if any 
of the purchasers should demand the return of the money 
they paid to the vendors, the latter, if they had the means, 
ought to pay it back, as Pino considered the purchases 
made by the citizens had not been made in good faith, 
because having bought only pieces of tillable land (with- 
out any other right) they had availed themselves of the 
use of the wooded and pasture lands, like owners thereof, 
to the injury of both pueblos. 

Having this view of the subject, Pino submits to the 
governor's decision. He further states that the dividing 
line he had selected was the Santa Ana ditch which was to 
the west, toward the river, the other ditch going along the 
hills to the east ; that the ditch divided the land in dispute 
into two parts, the western part for the people of Santa 
Ana and the eastern for those of San Felipe; that the 
ditch did not run in a straight line from north to south 
but made some curves; that these fell to the share of one 
or the other of the two parties according to their respective 
sides of the ditch ; that in some of those which fell to the 
share of the pueblo of Santa Ana there were some strips 
of land planted in wheat, and that he informed the In- 
dians of Santa Ana that they must not take possession of 
those strips until after the wheat was harvested, but they 
could take the other pieces; that both pueblos were sat- 
isfied with this arrangement and settlement of the bound- 
ary. 

On May 21, 1813, the governor and lieutenant-governor 
of San Felipe petitioned Felipe Sandoval, the protector 
of the Indians, to present to the governor of New Mexico, 
a statement of the injury they had received by the settle- 
ment of the boundary question by the judge (Jose Pino), 
who had been appointed to act in the matter by the act- 
ing governor, the latter having taken cognizance of it on 
the petition of the Indians of Santa Ana. They state that 
the damage done to them was in connection with lands 
which their ancestors had purchased from the heirs of 



L>1 



THE SPANISH ARCHIVES OF NEW MEXICO 425 

Cristobal Baca, deceased; that said lands were at Angos- 
tura ; that the damage done them consisted in taking from 
them lands which they considered to be theirs, including 
both lands they had been cultivating and others which 
they had sold by the consent of their superiors, and with- 
out opposition on the part of the Santa Ana people ; that 
the boundary had been established at the Bernalillo dam, 
some 500 or more varas above the real Santa Ana bound- 
ary. 

In conclusion they request Sandoval to go to the tract 
in question and inform himself as to the facts before 
presenting the matter to the governor. 

On May 29, 1813, Sandoval appended to the foregoing 
petition a statement to the effect that he had gone to the 
Angostura and carefully informed himself about the mat- 
ter, and was convinced that the complaint made was a 
just one; consequently he transmitted the petition to the 
acting governor, requesting him to order that the Santa 
Ana documents be produced in order that each party 
might have given to him that which belonged to him in 
accordance with the citation of the boundary of the An- 
gostura in a straight line. 

Under date of June 3, 1813, Acting Governor Joseph 
Manrique appended to the petition a marginal note, di- 
recting Don Jose Maria de Arze, first ensign of the company 
stationed at Santa Fe, to investigate and report upon the 
matter. 

On June 5, 1813, Arze, after having appointed two at- 
tending witnesses, and in the presence of the alcaldes of 
Alameda and Jemez, and the protector of the Indians, etc., 
read over the proceedings which had been conducted by 
Jose Pino, and asked the parties to the dispute if they had 
any objections to make thereto. 

The protector of the Indians, Felipe Sandoval, then 
stated, on behalf of the San Felipe people, that they ob- 
jected to everything appearing in said proceedings on the 
second page of the second leaf ; that what they wanted was 
that the boundary be given to them straight from north 
to south, because of the irregularities occurring in the 
ditch and river, and that the matter be settled according 
to the recitals in the documents. 

The Santa Ana people said that as they had not been 
injured by what had been done, it might be given to them 
in the way suggested, if it belonged to them, but in case 
of any damage being done to them, they would demand 



426 THE SPANISH AECHIVES OF NEW MEXICO 

that the documents be examined and that each party 
should have what was his. 

Arze says that when he asked the San Felipe people for 
their documents, they failed to produce any one that fully 
set forth the boundaries; for the reason that they had 
none ; but they did exhibit to him a certified copy of some 
proceedings had by the chief alcalde of the pueblos of 
Santo Domingo, Cochiti, and San Felipe (based on a grant 
by Governor Don Tomas Velez Cachupin) in which the 
following occurs : ' ' Immediately adjoining the Pueblo of 
San Felipe ; and on the other side they are bounded by the 
ranch and lands of Cristobal Martin ; ' ' that upon examin- 
ing the lands it turned out that the San Felipes were 
trespassing on lands which the Santa Anas had bought 
from the heirs of Cristobal Martin, as appeared by a certi- 
fied copy (which the Santa Anas exhibited to him) which 
stated that the original documents were in the govern- 
ment archive; that having established substantial monu- 
ments of stone and mud, it was acknowledged by both 
pueblos that they were satisfied with them. These monu- 
ments formed a southern boundary for the San Felipes 
and a northern boundary for the Santa Anas, while a 
thick cottonwood tree which was asked for as a boundary 
mark by the San Felipes, notwithstanding it was on lands 
belonging to the Santa Anas, was denied them because 
their request was unjust. 

On June 6, 1813, Arze proceeded to examine into the 
matter of the establishment of the Santa Ana ditch as a 
boundary line between the two contending parties, which 
line, it will be remembered, was established by Jose Pino 
May 14, 1813. He says that having asked for the docu- 
ments of both pueblos, and it being clear from the San 
Felipe document that the selection of the Santa Ana ditch 
as a boundary line resulted prejudicially to one of the 
parties at some points, and to the other at other points, 
he took from among the papers of the Santa Anas a docu- 
ment drawn up by the chief alcalde of the Queres pueblos, 
Don Nerio Antonio Montoya, relating to a compromise be- 
tween the headmen of Santa Ana and San Felipe as to the 
lands which the river had taken away from them. From 
this document it appeared that one-half of the space for- 
merly occupied by the river had been partitioned to each 
pueblo, the western side to Santa Ana and the eastern to 
San Felipe, which arrangement had been satisfactory to 
both towns. 

Arze then made a reconnoissance of the land in question, 






THE SPANISH AECHIVES OF NEW MEXICO 427 

searching for the landmarks of stone which the above men- 
tioned document stated had been ordered to be set in the 
ground from the point where the river had begun to 
change its course to the point where it had returned to its 
bed, but he found only one such landmark. He then made 
an examination of the old river bed close to the hills on 
the east, estimating about where its center was, and fol- 
lowing its windings, and then having read to the Indians 
the account of the establishment of the boundary along 
the center of the old river bed by Don Nerio Antonio 
Montoya, he asked them if they would be satisfied with 
the reestablishment of the line described. They replied 
that they would, and that they wanted it done in the same 
way in which it had formerly been done. 

Thereupon Arze proceeded to lay out a curved line 
along what he calculated to be the center of the land 
which had formerly been occupied by the river, marking 
it with a great number of landmarks of stone and mud, 
set into the ground and plainly visible. He instructed 
the Indians to inspect these monuments frequently, to 
make all their people acquainted with them, and if any of 
them should be destroyed by the river or carried away by 
any persons, they must immediately rebuild them, his ob- 
ject being to secure the perpetuation of the line as he had 
fixed it without regard to future changes in the course of 
the river. 

Arze then had the document above referred to properly 
certified, signing it with the attending witnesses, the al- 
caldes, and the protector of the Indians, and he also made 
a copy of it for the San Felipes to keep in their possession 
for their own protection. 

After having reduced to writing his report of the pro- 
ceedings, he inquired of all those present whether they 
were satisfied with what he had done, and said that if 
any one of them had any objection whatever to the man- 
ner in which the case had been settled that he must speak 
out and state his views. However, they all said that they 
were satisfied, and had no opposition to offer, nor would 
they again raise the question; it being understood that if 
it was again brought up, no attention would be paid to 
them and they were to be bound by the proceedings just 
had in the case. 

Arze says that as the boundary which he had established 
between the Santa Anas on the west and the San Felipes 
on the east ran through some pieces of land which the 
former had planted as a result of the partition made by 



428 THE SPANISH AECHIVES OF NEW MEXICO 

Jose Pino, and which pieces by the later adjustment of the 
boundaries fell to the share of the San Felipes, and also 
as the latter had sold to some citizens other pieces of land, 
some by permission of the government and others without' 
which pieces by the said adjustment now belonged to the 
Santa Anas, he directed them respectively not to take pos- 
session of such lands until after the crops should be gath- 
ered ; and he also told them that they must reimburse the 
citizens who had bought lands of them and who were now 
losing them, either by giving them other lands or by pay- 
ing back to them the sums they had given for them, and 
that they should make deeds for the lands for the protec- 
tion of their owners, said deeds to be approved by the 
government. 

On June 7, 1813, Arze reported his action to the acting 
governor, saying that what had been done by Jose Pino in 
regard to the lands on the west side of the river ought 
to be approved, but what Pino had done on the east side 
should be annulled and the boundary fixed by Arze on that 
side should receive his approval. 

On June 18, 1813, Manrique approved the proceedings 
and ordered that they be filed in the archives. 

1357 PROCEEDINGS in a dispute between the Indians of 
Taos and some Spanish citizens who were occupying 
lands within the boundaries of the grant claimed by 
the Indians. 

This manuscript begins with a petition by Jose Francisco 
Lujan, governor of the pueblo of Taos, to the chief alcalde 
Don Jose Miguel Tafoya, in which the Indian governor 
states that whereas the king had given to them "a league 
of land in the four directions," they wanted the alcalde 
to deliver it to them, in order that their families might 
spread out over the planting lands and have ample pastur- 
age for their animals ; and that knowing that the citizens 
who had usurped their lands would make damaging alle- 
gations against them and that the Indians would not know 
how to properly set forth their rights in the premises, they 
had requested Fr. Benito Pereyro to represent them. 
The petition ends with a prayer for justice. 
Following the petition is a statement by the alcalde, 
April 11, 1815, in which he expresses the opinion that the 
Indians should apply for relief to the governor of the 
Province, because the owners of the ranches inside the 
Indian league would make so great opposition to the grant- 



THE SPANISH AECHIVES OP NEW MEXICO 429 



ing of their petition that the matter could not be settled 
except by an order of the governor. 

On April 18, 1815, Governor Alberto Maynez issued the 
following decree: 

"The league of five thousand varas measured from the 
cross in the cemetery in all directions, of which His Ma- 
jesty made grant to each town of Indians from the be- 
ginning of its establishment, is in order that it be con- 
served for the maintenance of its natives; so that they 
have the use and can not give nor sell without permission 
of the King ; because of its being a patrimony or entailed 
estate, so that no judge or governor has the power to sell 
a part or the whole of said league. 

"If it should result that for many years past or in any 
manner whatever citizens may have intruded to plant and 
build on the Indians' land, they ought to lose the work 
done, leaving their ground free to them ; but as from this 
grave injuries might result to the citizens, the chief al- 
calde of Taos will temper equity with justice so far as 
possible, hearing the parties and adjusting their differ- 
ences in such manner that the natives shall not be left in- 
jured in the compromise which they may make ; and Don 
Felipe Sandoval, the Protector of the Indians, will set 
forth after this decree whatever may occur to him in re- 
gard to the present petition. ' ' 

On the same day Felipe Sandoval, speaking on behalf of 
the Indians, suggested that the matter might be settled by 
a compromise, the citizens being given to understand that 
the tract belonged to the Indians' league and that those 
who had made purchases within the tract had no right to 
lands of the pueblo. 

Following the suggestion of Sandoval is a note by Gov- 
ernor Maynez, to the effect that if the planting permitted 
to the citizens in the Arroyo Hondo marsh should be pre- 
judicial to the Indians, the citizens should not be allowed 
to plant; and the alcalde was directed to determine that 
matter as might be most just and proper. 

May 3, 1813, Pedro Martin, who apparently was the 
alcalde of Taos, reported to Governor Maynez what he 
had done in the matter under consideration. He says that 
he measured the league with an ordinary vara, and as a 
result of the measurement the citizens were deprived of a 
tract of land one thousand seven hundred varas wide, 
from east to west, and three thousand nine hundred and 
fifty varas, from north to south; that all this land had 
been improved by the citizens, and that included in it 



430 THE SPANISH AKCHIVES OF NEW MEXICO 

there were three villages with about 190 families, and also 
a church, which the citizens had built. 

The alcalde also states that the citizens had represented 
to him that when the Cumanches were on the war-path, the 
Indians of Taos gathered the citizens together and treated 
them with great kindness, in order to have their assistance 
against the warlike Cumanches; that in addition to this, 
by a decree dated May 1, 1793, Governor Fernando de la 
Concha ordered that the league be measured, and the cit- 
izens representing the grants included within the league 
agreed that the boundaries should remain at the customary 
places with the obligation of the pastures being common. 

Also the alcalde says that he proposed to the Indians 
that they should allow the Spaniards to retain their houses 
and ranches, and in consideration of that the Spaniards 
should give them cattle and horses to the number of forty- 
five; that the Indian governor and his interpreter agreed 
to it, but when they laid the matter before the Indians, the 
latter not only refused the proposition, but abused them; 
that if the Spanish governor should decide that the citizens 
were to lose their ranches which they had bought in good 
faith, it was the alcalde's opinion that the Indians should 
lose what they had bought to the prejudice of the heirs of 
Sebastian Martin ; that these Martin lands would provide 
a place for the Spaniards where they could be given other 
lands equivalent to what they were losing. 

In conclusion he says that the settlement of the Arroyo 
Hondo would not injure either the Indians or the Span- 
iards, because it was more than 10,000 varas distant from 
the league. 

On May 6, 1815, Governor Maynez issued the following 
decree : 

"By no means do I wish any wrong to the Indians of 
Taos or to the citizens. My foregoing decree of the fif- 
teenth of last April can not be changed, because it is just 
and well founded; it is sufficiently ample for the alcalde 
and the Rev. Father Missionary to average things so as 
to leave them by compromise in permanent peace; and 
the Arroyo Hondo will be settled by farmers, if it can be 
done without prejudice to third parties. ' ' 

On May 20, 1815, the alcalde, Pedro Martin, and the 
missionary priest, Fr. Benito Pereyro, made report to the 
governor of what they had done in trying to bring about 
a compromise between the Spaniards and the Indians and 
also made certain recommendations in the matter. They 
say that they urged the Spaniards to give the Indians fifty 



THE SPANISH AECHIVES OF NEW MEXICO 431 

horses and cattle in consideration of the landmarks being 
left at their customary places; that the Indians rejected 
this proposal and demanded their league, etc. 

They then state that in their opinion the league might 
be given to the Indians, but the latter ought to pay for 
the Spanish improvements and give to them the lands 
which the Indians had purchased in the tract which for- 
merly belonged to Captain Sebastian Martin; that the 
Indians have the best land in the Province, but do not 
cultivate it at all, and rent portions of it to the Spaniards ; 
that the latter, being the conquering nation, ought to have 
those lands which the Indians do not improve or cultivate, 
and also the Sebastian Martin tract. 

In conclusion they say that they would have decided 
the case, had it not been that the Indians requested that 
the governor should determine its merits; therefore they 
transmit the papers with the statement made by the at- 
torney for the Spaniards. 

This statement, May 15, 1815, is directed to the alcalde 
and is signed by Jose Romero, who states that he has been 
appointed the defender of the citizens. He says that the 
damage done to the citizens applies to forty-four tracts of 
land and two villages containing about 200 families with 
a church built by the Spaniards ; that the surrender of this 
property would be an annulment of the grants made to 
their forefathers in the name of the king; that they can 
exhibit documents and deeds showing that they had pur- 
chased the lands, and that furthermore, the Indians not 
only permitted the making of the grants, but kindly 
treated the Spaniards in order to get their assistance in 
defending the pueblo against the savage Cumanches. 
These are not the only arguments used by Romero, but 
are probably the most important. He intimates that if 
the Spaniards should be deprived of their property they 
will be placed in a position of so hopeless character that 
they may be driven to some act of desperation. This lan- 
guage evidently accounts for one of the statements in the 
governor's final decree, which bears date May 22, 1815, 
and is as follows : 

' ' My foregoing decrees of the 15th of April and 6th of 
May cannot be better founded in principles of right and 
justice, nor more expressive to the end of inclining the 
parties to compromise and tranquility ; and if the alcalde, 
the parish minister and Don Jose Romero find means of 
placing them in permanent peace without claims by either 
party, I give to them all of my authority for the purpose 



432 THE SPANISH AECHIVES OF NEW MEXICO 

of mediation and compromise, for it is my intention that 
there be no more writing and that it all be remedied by 
verbal decisions, if it should be possible. 

' ' When matters are conducted by legal steps, and with- 
out violence, there are no results to be feared, and ^o pro- 
claim them is the same as to speak with little respect for 
the lawful authorities. It is a matter which if it is not 
cut short by a verbal decision, I shall take special care to 
settle it without any order from the General Commandant 
or from the Royal Audiencia, to whom, because of its 
gravity, its decision belongs. This occasion I should not 
wish to arise, considering the distance and the expense to 
the parties, and I shall appreciate it if the parties make a 
compromise for the good and tranquility of all, to which 
I shall contribute in the cases in which the Indians of 
Taos apply to me. But it being laid down as a principle 
that their rights to the league which His Majesty granted 
to them are incontestable, it is to the interest of the citi- 
zens to placate them, because if an ordinary trial be had 
it appears that the right is on the side of the Indians." 

This archive has been used in the courts of Taos county 
in sustaining the rights of the Indians to the league of 
land given them by the Spanish crown. 

1358 LETTER from Juan Antonio Baca to Governor Al- 
berto Maynez relative to a suit in regard to lands 
claimed by an Indian named Quintana, who belonged 
to the Pueblo of Cochiti. 

The writer of this letter did not in all places express 
himself with perfect clearness, but apparently the matter 
he was discussing was in relation to a suit between his 
family and the Cochiti Indian, Quintana, in which the 
Indian had secured a favorable decision, or at any rate 
seemed to hav.e the better of the litigation up to the time 
when Baca wrote his letter, March 14, 1815. 

He says that he had received an order not to use the 
land included within the landmark or monument which 
Governor Jose Manrique had directed the alcalde, Juan 
Jose Gutierrez, to build, which he had done ; that, although 
the suit had turned on the question whether the boundary 
is farther above or farther below (some point understood 
by the writer but not named) shortly before the governor 
had ordered that the boundary be removed to where it had 
stood in the beginning when the land had been purchased, 
as was evidenced by deeds of sale which were in his pos- 
session. 





Facsimile of Signature of Captain Fran- 
cisco Trebol Navarro, Governor of New Mex- 
ico, 1778. 



Facsimile of Signa- 
ture of Governor Don 
Fernando de la Con- 
cha, 1789-1794. 




Facsimile of Signature of Don Francisco Antonio 
Marin del Valle, Governor and Captain-General, 1754- 
60. 



J 




Facsimile of Signature of Don Pedro Fer- 
min de Mendinuueta, Governor and Captain- 
General, 1767, 1778. 




Facsimile of Signature of Don Tomas Velez 
Cachupin, Governor and Captain-General, 1749- 
1754. 




Facsimile of Signature of General Don Juan Bautista de 
Anza, Governor of New Mexico, 1778-1789. 



THE SPANISH ARCHIVES OF NEW MEXICO 433 

Apparently the Bacas had lands and houses within the 
boundary claimed by Quintana and were obliged to give 
them up, so Baca says in his letter that they could do 
nothing more than to demand reimbursement for their 
property, which he estimates at a value of 4,000 pesos in 
coin, and go elsewhere to find other lands. He refers also 
to Don Pedro Pino as being a person familiar with the 
case, and who could give the governor information about 
the boundaries, as he had measured the pueblo league, and 
had experience in other matters in the premises. 

Concluding, he says that a short time before he had 
gone to the governor of the pueblo to learn what he could 
about the unfounded complaint that had been made by 
Quintana, and the Indian governor had told him that he 
knew nothing about it and the people of his pueblo did 
not mix up in it; that only Quintana and his partisans 
were those who had made the trouble. 

The location of the land is not fixed in the letter ; as it 
is dated at Peiia Blanca, it is possible the land was in that 
vicinity. 

)9 LETTER from Jose Gutierrez, dated at Bernalillo, 
March 3, 1816, to Governor Alberto Maynez, in re- 
gard to lands belonging to the Indians of Sandia, 
which they had loaned to some Spanish citizens. 

Gutierrez says that he had received the governor's de- 
cree of the 23d of the preceding February, it having been 
shown to him by the Sandia Indians along with a preced- 
ing report by Don Felipe Sandoval, the protector of the 
Indians, based upon information received from the In- 
dians ; that the report is lacking in truth, and if the pro- 
tector of the Indians had made a personal examination of 
the premises instead of depending on hearsay, the Indians 
would not have presented these unfounded charges. 

Gutierrez discusses the matter with great detail. Ac- 
cording to his statement the Indians, in the year 1814, 
loaned to more than 20 Spaniards, who were poor and had 
no lands of their own, certain pieces east of the Rio Grande 
and about 2,000 varas from the intake of the Sandia irri- 
gating ditch ; they were loaned for a period of five years. 
Six of the Spaniards had built some huts on the land in 
order to have some place in which to live while farming, 
and in two years' time they had begun to get some re- 
turn for their labors. Then the governor of the pueblo 
began to make trouble and demand that the Spaniards 



434 THE SPANISH AKCHIVES OF NEW MEXICO 

give up the land, notwithstanding the fact that most of 
the people of the pueblo were willing that they should 
retain it to the end of the period of five years. He states 
that he believes it proper that the Spaniards should be 
allowed the use of the lands at least for the year 1816, in 
order that they might have the benefits of three years' 
worth of work of the five years; the latter period is, he 
says, the customary one in the country. 

1360 LETTERS (2). This consists of two separate docu- 
ments. 

One is a letter from Alberto Maynez, who was a colonel in 
the Spanish army and had been previously acting as gov- 
ernor of New Mexico, dated September 17, 1817, and di- 
rected to Felipe Sandoval, protector of the Pueblo In- 
dians of New Mexico, stating that the attorney who was 
defending the Indians in the City of Mexico, evidently 
under the impression that Maynez was still exercising ex- 
ecutive powers, had directed to him the official communi- 
cation which he was forwarding to Sandoval. 

The other is the official communication referred to, 
which is by Don Bias Abadiano, under date of February 
8, 1817, to Don Alberto Maynez, acting governor of New 
Mexico, requesting that the latter would have the Indians 
of Cochiti make a petition for a certified copy of the deed 
of sale which they made to Mr. Alencaster for the Cile 
(Sile?) ranch and of the one which the latter made to the 
Ortizes; also that they make another petition asking that 
Captain Don Anacleto Miera Pacheco produce the order 
which he received from Mr. Alencaster for them to sell a 
ranch to Don Luis Baca, or to give information as to its 
whereabouts and contents. 

1361 PROCEEDINGS in land suit. 

Copy made by Rafael Cuentas, special notary of the Royal 
Audiencia of Guadalajara, of certain proceedings had in 
that tribunal in connection with a suit about the annul- 
ment of a sale of real property made by the Indians of 
Cochiti, dated January 31, 1817. 

It appears that the king's attorney, as protector of the 
Indians, desired to push a suit in which the Indians of 
Cochiti were interested, which related to the annulment 
of the sale of the Pena Blanca ranch, situate within the 
Pueblo Grant and then occupied by Don Luis Baca and 
also to the return to them of the ranch known as the Santa 
Cruz Spring, which they had purchased in 1744, for the 



THE SPANISH ARCHIVES OF NEW MEXICO 435 

sum of 1,500 pesos; that not being able to verify all the 
matters alleged by the Indians, the king's attorney asked 
the Audiencia to require the governor of New Mexico to 
transmit all the papers at Santa Fe in any way relating 
to the matter. This request of the attorney was made 
January 16, 1817, and the Audiencia granted it the 25th 
of that month. 

At the end of this document, in the handwriting of the 
governor, Pedro Maria de Allande, is the following: "An- 
swered, and the Expedient e transmitted on May 31, 1817. 

"ALLANDE" [rubric] 

162 DOCUMENTS referring to litigation then before the 
Eoyal Audiencia of Guadalajara, between the In- 
dians of Santo Domingo and Cochiti, one side, and 
Don Antonio Ortiz and Don Luis Maria Cabeza de 
Baca, on the other; the dispute with Ortiz being in 
regard to the Sile tract, and that with Baca being in 
relation to the Pena Blanca and Santa Cruz tracts. 
Bough drafts. 

The entire document is in the handwriting of the gov- 
ernor, Don Pedro Maria de Allande. 
The first draft is that of an order by Governor Allande, 
directing that the lands of the two pueblos be measured, 
in order to settle the questions which had arisen between 
them and their opponents. The order appoints a con- 
siderable number of persons as commissioners, attending 
witnesses, attorneys in fact, etc., and directs that the 
measurements be made in accordance with the opinion of 
Don Francisco Antonio de Landa, December 31, 1816, and 
with a view to reporting the results to the Royal Audien- 
cia. It is dated at Santa Fe, May 10, 1817. 

The second rough draft is that of a proceeding an- 
nouncing the conclusion of the expedience, and directing 
that it be sent to the Royal Audiencia, in order that that 
tribunal should decide the matter in dispute. This is 
dated at Santa Fe, May 28, 1817. 

It is stated that the proceedings made two books, one 
of 84 leaves and the other of 51 leaves. 

The third draft is of a letter of transmittal, dated May 
31, 1817, sending to Don Rafael Cuentas, secretary of the 
Audiencia, the expedients above referred to. 



436 THE SPANISH AECHIVES OF NEW MEXICO 

1363 DOCUMENTS relative to Indians. 

This manuscript is a copy of various documents in the 
archives of the Royal Audiencia at Guadalajara, treating 
principally of the need of having the Indians instructed 
in Christian doctrine, and deploring the results which had 
arisen from the action of the Spanish Cortes in abolishing 
the teaching of the doctrine in the Spanish language by 
Indians who had been instructed for that purpose, and 
who were known in the pueblos as Fiscales de Doctrina. 

The subject appears to have been called to the attention 
of the Audiencia by communications received from the 
local protector of the Indians of New Mexico, and inci- 
dentally connected therewith are references to some land 
matters affecting some of the New Mexican pueblos. 

On page 1, of leaf 3, it is stated that the pueblo of 
Santa Ana was situated on very bad land, and that its in- 
habitants, in order to support themselves, were compelled 
to farm lands on the Rio del Norte, at a distance of four 
leagues from the pueblo; that the Indians of San Felipe 
had usurped some pieces of these lands without any au- 
thority or right and had sold them to three or four Span- 
ish citizens ; that the nullity of these sales was particularly 
fixed by a decision of the Royal Audiencia made public in 
the city of Guadalajara on April 19, 1817 ; that the mem- 
ber of the Audiencia who was responsible for the pro- 
tection of the Indians had requested, among other things, 
that the governor of New Mexico be directed to restore 
the lands in question to their rightful owners and to give 
a hearing to the persons who had bought them, with a 
view to providing other lands for them on the royal do- 
main and entirely separated from the lands of the In- 
dians. 

This request was made March 26, 1818, and on the fol- 
lowing day it was approved by the Audiencia. 

The governor of New Mexico was informed of this ac- 
tion May 20, 1818. Apparently no answer was received 
from him, and assuming that the communication sent to 
him had never been received, the present manuscript, con- 
taining all the proceedings in the archive up to that time, 
was prepared by the secretary of the Audiencia, Don Ra- 
fael Cuentas, January 14, 1819. 

1364 LETTER from Ignacio Maria Sanchez Vergara, 
April 14, 1819, to Lieutenant-Colonel Facundo Mel- 
gares (either Governor or Acting Governor of New 



THE SPANISH AECHIVES OF NEW MEXICO 437 

Mexico at that time) referring to communications 
received from the Boyal Audiencia of Guadalajara, 
etc. 

In regard to the land suit between Santa Ana and San 
Felipe, etc., and suggesting as a solution of the dispute 
that the two pueblos should abide by the action of Don 
Jose Pino, deceased, and that the pieces of land included 
within the boundaries established at that time should be 
given to the Indians of Santa Ana; that the persons in 
possession of the lands should give them up, and recover 
the price they had paid for them from the Indians of San 
Felipe, who had sold them. 

In the margin of this letter, under date April 22, 1819, 
is a rough draft of the reply to it. The governor says 
that he has determined that the decision of the Royal 
Audiencia shall be fully complied with without loss of 
time. He directs Sanchez to go to the land in question, 
and in company with the chief alcalde of Alburquerque, 
who was to represent the governor, to make proper dis- 
tribution of the lands ; also he tells him to tell the parties 
in interest (holders of the land) that he will grant them 
at Socorro better and more fertile lands than those they 
are losing. 

He adds that as the Indians of San Felipe probably 
sold lands that did not belong to them, that it would be 
well for them to make some suggestion as to the manner 
in which they should make restitution for that which they 
had taken mistakenly or improperly. 

565 PUEBLOS. Sales of Lands. 

This archive contains eleven separate papers, eight of 
which are numbered in red ink, thus "1365-1." The 
other three are numbered, also in red ink, "1365-2." The 
eight papers referred to have nothing whatever to do with 
the Santa Ana or San Felipe pueblos or any other lands ; 
they relate only to ecclesiastical matters. The three papers, 
numbered "1365-2" relate to the dispute between the In- 
dians of Santa Ana and those of San Felipe, arising from 
sales made by the latter of lands belonging to the former. 
The first of these three papers shows that Josef Mariano 
de la Peiia, chief alcalde of Alburquerque, had been com- 
missioned by the acting governor of New Mexico, Don 
Facundo Melgares, to carry into effect the decision of the 
Royal Audiencia of Guadalajara in regard to the matter 
in controversy; that with that object in view he went to 






438 THE SPANISH AECHIVES OF NEW MEXICO 

the land in question and on May 7, 1819, in the presence 
of the litigants and the local protector of the Indians, 
Don Ignacio Maria Sanchez Vergara, proceeded to 
examine the boundary in dispute; having done this and 
having made inquiries as to the former situation of the 
river, and having had exhibited to him a document made 
by Don Jose Maria de Arze, dated July 6, 1813 (perhaps 
June 6, 1813; see archive 1356), he finally came to the 
conclusion that permanent landmarks should be estab- 
lished along the eastern edge of the old bed of the Rio 
del Norte to designate the boundary between the lands of 
San Felipe and those of Santa Ana. He explains that his 
reason for establishing the boundary along the eastern 
edge of the old river bed was that when the river left 
that bed and cut a new channel for itself farther west, it 
damaged to that extent the lands of the Santa Anas, but 
did not damage those of the San Felipes. 

On May 8, 1819, Pena inquired into the matter of the 
sales made to Spaniards by the Indians of San Felipe. He 
says that Don Juan Bautista Gonzales exhibited five 
deeds, dated from 1782 up to 1816 ; that the sum of the 
amounts paid for four different purchases, and one for 
which there was no deed, amounted to more than 2,700 
pesos in the current prices of the country, which sum had 
been paid in sheep, cattle, horses, money, etc.; that Gon- 
zalez obeyed the order to surrender the land, but re- 
quested that the vendors should return what he had paid 
for it, or that he be given land on the royal domain, on 1 
the eastern side of the river, between the pueblos of San- 
to Domingo and San Felipe. 

Don Jose Francisco Silva, who also was willing to give 
up the land he was occupying, stated that he was not its 
owner; that it belonged to Juan Estevan Pino, of Santa Fe, 
in whose possession the deeds would be found. 

Miguel Lopez, in obeying the order to vacate, stated 
that it was not his ; that he was working it under a lease 
from the owner, Don Pablo Montoya, a citizen of Las Go- 
londrinas, in the District of Santa Fe, who was in posses- 
sion of the deeds. 

Pena notified Don Jose Garcia, Alonso Garcia, Juan 
Domingo Archibeque, Pablo Archibeque, Diego Chaves, 
Francisco Gutierrez, and Rev. Fr. Jeronimo Riega, some 
of whom were absent and others ill, that they must return 
the lands belonging to the pueblo of Santa Ana and that 
in compensation they would be granted others at Socorro. 

The second paper is a letter from Pena to Melgares, 






:HE SPANISH AECHIVES OF NEW MEXICO 439 

May 8, 1819, which in a general way reviews the action 
taken and set forth in his report. He states that the pro- 
tector of the Indians, Sanchez Vergara, and the Santa Ana 
people, were satisfied with what he had done but the San 
Felipe Indians were not; that to have settled it in any 
other way would have been to the injury of the Santa 
Anas who had already been damaged by the river chang- 
ing its course, while the San Felipes had suffered no loss 
on that account; that the citizens understood that the 
sales made to them by the San Felipes were declared to be 
null ; that as there was not sufficient time for them to dig 
new irrigating ditches that season on the lands which 
might be given them in lieu of those they were giving up, 
they requested that they might be allowed to plant and 
gather on the latter the harvests of that year. 

In the margin of the letter, under date, May 11, 1819, 
is the rough draft of the reply, in which it is stated that 
the planting and harvesting of the crops is a matter which 
the Santa Ana people may decide as they see fit. 

The third paper is a letter, dated May 9, 1819, from the 
protector of the Indians, Ignacio Sanchez Vergara, to Mel- 
gares, covering about the same ground as the letter of 
Pefia to the governor. 

In the margin of the letter, May 11, 1819, is a rough 
draft of Melgares' reply. He directs Sanchez to go back 
with the alcalde of Alburquerque and make the San Felipe 
Indians pay back the money they had received from the 
persons to whom they had illegally sold the lands, or else 
make restitution by giving them other lands. He says 
that in case there are any lands belonging to the royal 
domain between San Felipe and Santo Domingo, they 
will be given to the citizens who asked for them at that 
place. 

The last paragraph of this rough draft is not perfectly 
clear; it seems, however, to mean that the Indians of 
San Felipe were obligated to pay into the royal treasury 
the amount they had illegally received from any Span- 
iard, who, having given up to the Santa Anas the land 
he had purchased from the San Felipes, subsequently had 
been given other lands in lieu thereof out of the royal do- 
main. 

1366 PETITION by Ignacio Sanchez Vergara, Protector of 
the Indians, on behalf of the Indians of Santa Ana, to 
the Governor of New Mexico, dated June 4, 1819. 



440 THE SPANISH AECHIVES OF NEW MEXICO 

According to the statements of the protector, the In- 
dians of Santa Ana, on account of the poor quality of the 
land in the neighborhood of their pueblo, requested per- 
mission to come down to the edge of the Bio del Norte, 
where they had their planting lands, and there establish 
the pueblo. They also offered to give for the lands at Al- 
godones, in the San Felipe lands, the same amount which 
the Indians of San Felipe had paid for them. They as- 
sumed that the San Felipes did not need the Algodones 
lands because they had made numerous sales of them to 
citizens. 

There is nothing to show that any action was ever taken 
in this matter. 

1367 PETITION by the Indians of the Pueblo of San Juan 
to the Commandant-General at Chihuahua, request- 
ing his protection in the matter of various abuses of 
which they complain. 

Relative to land matters they say they had learned of a 
proclamation relating to the cutting down of the lands of 
the pueblos ; that their lands did not extend in a direction 
as far as a league ; that they, however, had been more 
loyal vassals of the king than had the other pueblos who 
had their leagues in full. 

The entire document is badly composed, disconnected, 
and is a rambling protest against any reduction of their 
possessions, the payment of tithes, and being refused 
burial in the church. 

In the margin, under date October 11, 1821, is an order 
of the commandant-general, Garcia Conde, directing the 
acting governor of New Mexico to see to it that the Indians 
were not molested in any manner, maintaining them in 
the possession of their lands, and not permitting any 
changes in the government of the pueblos, the preserva- 
tion of the church, and the contributions they made for 
that purpose. 

This document contains a statement by the Indians of 
San Juan giving the reasons why the title of "Caballeros" 
was given to them. 

1368 PUEBLO OF ISLETA. Jurisdiction of, in August 
16, 1822. 

Jose Antonio Chaves Duran [rubric] ; Juan Gutierrez 
[rubric] . 






THE SPANISH AECHIVES OF NEW MEXICO 441 

1369 PUEBLO OF PECOS. 

Question as to lands; contest with Domingo Fernandez 

and others. 1830. Letter from Jose Maria Paredes, sec- 
retary of the "Segunda Sola de la Supremo, Corte de 
Justicia." Mexico, February 17, 1830, to Don Ramon 
Abreu, secretary of the Diputacion Provincial. 

A claim in regard to the title to lands by the pueblo of 
Pecos which claim had been before the supreme court of 
justice in the City of Mexico. 

L370 PECOS INDIANS. 

Petition relative to their lands, to the Diputacion. Pecos, 
March 12, 1826. Alcalde Rafael Aguilar, Subteniente, 
Juan Domingo Vigil, General Jose Manuel Armenta. 
1730. Rough draft of letter to the supreme government. 

Citizens to whom lands had been given at the pueblo of 
Pecos must not sell them until the question of title had 
been decided by the supreme government. 

L371 EEPORT as to the area of the Pueblo of Pecos, to 
the Minister of the Interior, Mexico, October 10, 1826. 
Draft of a report by the governor of New Mexico to the 
minister of domestic and foreign relations giving informa- 
tion as to the lands and the population of the pueblo of 
Pecos and relative to the communal system of the Pueblos 
generally. 

172 PETITION by three Laguna Indians, who acted by 
authority of and in the name of the people of their 
pueblo, asking relief in the matter of the interference 
of the Acomas with their water rights. 

The document is dated June 15, 1827, and complains that 
the Acomas are interfering with the rights of the La- 
gunas by enlarging the Acoma farming lands at Cubero, 
thus impeding the flow of the water in the little stream 
which flows from the Gallo spring, on which stream the 
pueblo of Laguna is situated; that the Acomas have al- 
ways bothered the Lagunas about the water, although the 
governors (of New Mexico) had ordered the Acomas not 
to shut off the water and to confine themselves to a limited 
area of cultivated land so as not to interfere with the 
flow ; and that the Lagunas have always enjoyed the right 
of preference to the water. 

They ask that an end be put to further encroachment 
on the part of the Acomas by declaring that the Lagunas 



442 THE SPANISH AECHIVES OF NEW MEXICO 

are entitled to the preference in the use of the waters of 
the stream. 

In the margin of the petition, under date of June 25, 
1827, there is an entry made in the office of the secretary 
of the Territorial Deputation of New Mexico, signed by 
Francisco Perez Serrano, a member and the secretary of 
that body, directing that in accordance with the action of 
the deputation the petition be transmitted to the jefe po- 
litico (governor) in order that the proper steps to the 
doing of justice should be taken. 

1373 PETITION of June 15, 1827, by three Laguna In- 
dians, acting by authority of and in the name of their 
pueblo, asking relief from the enroachment of the Ce- 
bolleta people on the Paguate ranch, which belonged 
to the Lagunas. 

The petitioners state that the pueblo of Laguna had 
held the Paguate ranch from time immemorial, having 
bought it from a native of the pueblo from whom the 
ranch received its name ; that the people of Cebolleta were 
trying to take the ranch from them and add it to the 
lands they already had, and that they were being aided 
in this by the ayuntamiento (town council) of Cebolleta; 
that in view of this condition the pueblo of Laguna peti- 
tioned the Territorial authorities to make to it a grant of 
the ranch in question with the following boundaries : ' ' on 
the north by the grant conceded to Cebolleta, which is 
the Gavilan tableland (Mesa Del Gabilan) ; on the south 
by the league belonging to the pueblo ; on the east the 
little butte called the Co jo (el Serrito nombrado del Co jo) ; 
and on the west the limits of the pueblo of Acoma. " 

The petitioners further state that they transmit with 
their petition three documents, numbered respectively 1, 
2, and 3. 

In the margin of the first page of the petition is an 
entry made in the office of the secretary of the Territorial 
Deputation, dated June 25, 1827, and signed by Fran- 
cisco Perez Serrano, a member and the secretary of that 
body, directing that in accordance with the action of the 
deputation the petition be transmitted to the jefe politico 
(governor) in order that the proper steps to the doing of 
justice be taken. 

Document one (1), of the three above referred to, is a 
communication from Lorenzo Romero, governor, Juan 
Miguel Cacique, and Bias, war-captain, to the civil and 



THE SPANISH AKCHIVES OF NEW MEXICO 443 

military governor of New Mexico, dated at Santa Fe, 
August 28, 1826, stating that they appeared before him 
with documents of the properties belonging to the pueblo 
of Laguna, in order that he should give to them his of- 
ficial approval, in order to avert future claims and in- 
juries. 

There is an endorsement on this communication, dated 
August 28, 1826, signed "Narbona" (Antonio Narbona 
was at that time the jefe politico, or governor, of New 
Mexico) and in these words: "Let it be done as is re- 
quested; returning all to the parties in interest for the 
use which may be to their benefit." 

Document two (2) is an undated copy, made by 
Eusebio Aragon, of an original which he states was torn 
and much handled, which original appears to have been 
a document made on May 15, 1796, by Antonio Sedillo, 
chief alcalde, in which he relates that one Pascual Pa- 
jarito, who had a grant made by the governor (of New 
Mexico) for a house and tillable lands, had attempted to 
drive Juan Paguasti away from the latter 's ranch, and 
that Sedillo had called the parties together, with the 
cacique and other principal men and had read to them 
the act of possession which Pajarito had, and had settled 
the dispute between them, Pajarito being entitled to his 
house and tillable lands, but the pasture and wood lands, 
which he had claimed as his, were declared to be common 
to all. Sedillo says that he made the document as an 
evidence of the settlement of the dispute; that Paguasti 
was an older settler than Pajarito, and that the former 
and his brothers were well behaved Indians, etc. Further- 
more, Sedillo orders that the document be presented to the 
governor on his general inspection tour, in order that it 
might receive his approval. 

At the end of the document is the following: 

"Santa Fe, August 28, 1826. 

"This document approved in so far as belongs to this 
government, and according to the merit and formality 
with which it appears. (Signed) NARBONA [rubric]" 

Document three (3) is made by Ignacio Maria Sanchez 
Vergara, the official protector of Indians, on June 1, 1820, 
at the pueblo of Jemez. 

This officer states that the Indians named in the docu- 
ment presented the same to him, which document had been 
drawn up by the former alcalde, Antonio Sedillo, in re- 
gard to a suit between Juan Paguate and Pascnal Pa- 



444 THE SPANISH AECHIVES OF NEW MEXICO 

jarito, in which the alcalde had ordered the disputants 
to confine themselves to their individual holdings and 
not to interfere with each other. 

Then he goes on to refer to the fact that the pueblo 
had acquired the Paguate ranch by "just title," and that 
after the alcalde, Jose Manuel Aragon, had given the 
possession to the people of Cebolleta, of the grant made to 
them, the Paguate ranch still remained undisturbed with 
its ancient boundaries, the boundary in the direction of 
the new settlement (Cebolleta) being the table-land called 
the Gavilan, with which the new Cebolleta colonists were 
satisfied. 

This is followed by a deal of language about the Pag- 
uate ranch being about the only valuable land left to 
the Lagunas, etc., etc., and finally Sanchez says that he 
gives this document to the Indians for their protection. 

Following the document is an endorsement in these 
words : 

"Santa Fe, August 28, 1826. 

"This document approved in so far as belongs to this 
government, and according to the merit and formality 
with which they appear. (Signed) NABBONA [rubric] " 

1374 PETITION by Mariano Rodriguez to the Jefe Po- 
litico of New Mexico, on his own part and in behalf 
of the Indians of the Pueblo of Picuries protesting 
against the giving of possession of lands within the 
common lands of the Pueblo to Rafael Fernandez 
and Miguel Gonzales, and requesting that the steps 
already taken in the matter be revoked. 

The petitioner says among other things, that it is the 
custom of the parties whom he names to ask for the pos- 
session of lands, and as soon as the same have been granted 
to them to dispose of them, thereafter asking for other 
lands with the intention of repeating the operation. 
The petition is dated at Picurie, on May 14, 1829. 
In the margin is an order dated June 5, 1829, signed 
by Ramon Abreu, secretary of the Territorial Deputation, 
setting forth the action of that body in regard to the mat- 
ter. It is stated that the right of ownership to the lands 
for which they had asked is not given to Rafael Gonzalez 
[this is a mistake as to the name of the petitioner] and 
his associates; that as soon as they harvest the crops 
from the lands they were allowed to plant for that year, 



THE SPANISH AKCHIVES OF NEW MEXICO 445 

they shall go away from the place ; that the order direct- 
ing this action be presented by the protestant to the 
proper alcalde, who shall make it known to the parties af- 
fected by it, and shall cause it to be complied with. 

This paper is followed by another, dated March 4, 
1830, which apparently is a report of a committee of the 
Territorial Deputation, which, after reviewing and quot- 
ing the decision of that body, dated June 6, 1829, reports 
that the application of the petitioners ought not to be 
granted. 

There is also another report of another committee, 
dated April 14, 1831, which simply amounts to an ap- 
proval of the previous action of the Territorial Deputa- 
tion and the report of the committee of March 4, 1830. 

1375 DEPOSITION COPY, which was transmitted to the 
Supreme Government. Dated July 1, 1829. The copy 
bears the signature of Jose Antonio Chaves, who was 
the Jefe Politico (or Governor) of New Mexico some- 
where about that date. 

The first part of the document is a copy of the deposition 
of Don Andres Romero and Don Juan Jose Gurierrez, 
taken at Bernalillo, May 18, 1829, on the petition of the 
natives of Sandia, by the constitutional alcalde, Pedro 
Jose Perea. 

The deponents were respectively 69 and 66 years of 
age. They state that for years they had known that the 
"lands in litigation" had no other owner than those of 
the pueblo; that they also know, from information re- 
ceived from their forefathers, that when there was a great 
famine among the Moquis a priest who had learned of it 
reported the matter to the government, with a view to 
having those Indians brought within the fold of the 
Church; that an adequate escort was sent to the Moquis, 
and they were told that if they wanted to become Chris- 
tians lands would be given to them upon which they could 
support themselves ; that sixty odd families left the Moqui 
pueblo, and having adopted the Christian religion, were 
settled at the pueblo of Sandia. 

The foregoing is followed by a somewhat complicated 
and vague statement rather difficult to thoroughly under- 
stand. However, I gather from it that the deponents 
meant to state that the settlement of the Indians at Sandia 
was made known to the citizens of Bernalillo and those of 
Alameda, and that they agreed to it, with the understand- 



446 THE SPANISH AECHIVES OF NEW MEXICO 

ing that the western boundary of the Indians' lands was 
to be the Del Norte river; also it seems likely that the 
lands herein before referred to as the "lands in litiga- 
tion" were situated outside of the boundaries of the 
pueblo of Sandia, and extended for half a league in the 
direction of Alameda; and that all this was understood 
by the citizens, and for years the Indians had had no suit 
in regard to said lands, and had not sold them. 

The second part of the document is a copy of a deposi- 
tion of Rafael Miera, made at Bernalillo, May 15, 1829, 
before the constitutional alcalde, Pedro Jose Perea. 

The deponent states that he was 37 years old; that 
some 12 or 13 years before the date of his deposition he 
was at the house of his father-in-law, Don Eusebio Rael, 
in company with some of his brothers-in-law, when Don 
Ignacio Sanchez came to the house, and, after having 
conversed for some time with Don Eusebio Rael, took 
from his pocket the grant of the Sandia Indians ; that the 
deponent saw that Sanchez was reading the grant, and 
pinching out of it certain words and putting in others 
with a pen he had in his hand; that also on that same 
occasion deponent heard Sanchez say that now they could 
bring suit for the lands claimed by the pueblo of Sandia, 
and he promised Don Eusebio Rael that if he got the 
land he would give him the half of it ; that while the suit 
was going on deponent's brother-in-law asked him what 
he was going to put up to assist in paying for the paper 
and other expenses which might arise, and he replied that 
in view of what he had witnessed, he would not contribute 
even half a real. 

1376 PUEBLOS OF SANTO DOMINGO and SAN 
FELIPE. 1831. 

Grant to. Papers transferred to, reported No. 142. File 
No. 200. 

1377 COMPLAINT of Ursula Chaves. Santa Fe, July 5, 
1835. 

Dispossession of certain lands near Los Padillas. The 
signature of Governor Perez is very finely executed. 

1378 LETTER from Agustin Duran, Second Alcalde of 
San ta Fe, dated at Santo Domingo, February 26, 
1836, to Don Gregorio Sanchez, First Alcalde of San- 
ta Fe. 

Duran informs Sanchez that the attorney in fact of the 



THE SPANISH ARCHIVES OF NEW MEXICO 447 

pueblo of Santo Domingo has laid claim to certain lands 
on behalf of the pueblo, alleging that they had been 
usurped by Don Antonio Ortiz; that said lands were at 
the Sile ranch, which occupied a part of the league be- 
longing to the said pueblo; and he requests Sanchez to 
direct Ortiz to appear at Santo Domingo on the following 
day, either personally or by attorney, to answer the charge 
made against him and to restore to the Indians their 
property. 

Following this letter is the rough draft of Sanchez's 
reply, informing Duran that Ortiz had gone to Pojoaque, 
and on that account can not make a prompt appearance, 
but that he would do so as soon as he returned to the city. 
This rough draft is dated also on February 26, 1836. 

In the margin of the first page is a memorandum show- 
ing that the letter was sent to Ortiz, at Pojoaque, on the 
27th of the same month. 

580 PROCEEDINGS in regard to the measurement of 
the league to the north of the Pueblo of Santo Do- 
mingo. 

On August 23, 1844, Miguel Antonio Lobato, attorney 
in fact for the pueblo of Santo Domingo, petitioned the 
governor and commandant-general of New Mexico to or- 
der a survey of the league belonging to that pueblo. He 
represented that the old monuments which marked the 
boundaries had been entirely destroyed; that because of 
this his clients, the Santo Domingo Indians, had had fre- 
quent disagreements with Jose de Jesus Sanchez, who 
was occupying the adjoining lands; that, with a view to 
obviating such disagreements and in order to avoid a 
ruinous suit, he requested the governor to order that the 
league which had been adjudicated to them by the Span- 
ish government be measured, after summoning the owners 
of the adjoining lands; and that this be done in accord- 
ance with the measurements made in the year 1815, by 
Don Juan Jose Gutierrez, the alcalde of Alameda, who 
had acted under orders of Don Alberto Maynes, as ap- 
peared by a document which the petitioner transmitted 
with his petition, etc. 

On August 26, 1844, Governor Martinez ordered the pre- 
fect, Don Francisco Sarracino, to make the measurements, 
after first summoning the owners of the adjoining lands, 
in order to avoid future controversies. 

On September 3, 1844, Sarracino, having previously 



448 THE SPANISH AKCHIVES OF NEW MEXICO 

summoned the owners of the adjoining lands, proceeded 
to measure a distance of 5,000 varas toward the north 
from the cross which stood in the center of the cemetery 
at the pueblo of Santo Domingo. At the point where this 
measurement terminated he ordered that the natives 
should place a firm monument of stone, and he says that 
in the meantime they dug two trenches in the form of a 
cross, and filled them with stones, as a temporary mark 
for the spot. Also he says that at that point there were 
found the foundations of three monuments which had pre- 
viously existed there; that some of the Indians had pre- 
dicted that he would find these if he made the measure- 
ment impartially and without error. 

The report of the measurement was transmitted by Sar- 
racino to Governor Martinez on September 8, 1844, and 
on the 9th of October, of the same year, the latter or- 
dered that a certified copy of the whole proceedings be 
issued to the parties in interest, which was immediately 
done. 

1381 PROTEST of March 27, 1845, by the Indians of the 
Pueblo of Isleta, against the granting of the Ojo de la 
Cabra Tract to Don Juan Otero. 

This protest is directed to the governor of New 7 Mexico 
by two Indians of the pueblo of Isleta, acting in behalf 
of their whole community. It appears that they had 
learned that the legislative body of New Mexico, the De- 
partmental Assembly, had granted to Don Juan Otero a 
tract of land situated at the Cabra spring, which tract 
and spring they alleged had always been recognized as the 
property of their pueblo. They strongly protest against 
this violation of their rights, and request the governor to 
lay their protest before the Assembly. 

This was done, and on the same day of the date of the 
petition that body ordered the prefect of the Third district 
of the Department, in concurrence with the ayuntam- 
iento, to report upon the matter, and at the same time to 
direct the proper justice of the peace to do likewise. This 
action of the Departmental Assembly is signed by its 
president and secretary. 

This is followed by the report of the prefect, Francisco 
Sarracino, dated May 15, 1845, in which, among other 
things, he says that the Cabra spring is outside of the 
Isleta league ; that the land is not the lawful property of 
any settlement ; that the spring is very small, and during 




Facsimile of Signature of Don Jose Rafael Sarracino. 




Facsimile of Signature of Don Santiago Abreu. 




Facsimile of Signature of Don Pedro 
Bautista Pino, Delegate from New Mexico 
to the Spanish Cortes. 






Facsimile of Signature of Don Carlos Beaubien. 



Facsimile of Signature of Don 
Nicolas Ortiz. 






THE SPANISH ARCHIVES OF NEW MEXICO 449 

the greater portion of the year does not furnish enough 
water for one horse ; that the land has been considered as 
commons for the people of Valencia, Isleta, Padillas, and 
Pajarito, and for all others who have wanted to make use 
of it ; and he concludes his report by saying that he there- 
with transmits the report made by the justice of the peace. 

Sarracino 's report is followed by the record of the action 
taken thereon, on June 29, 1845, by the Departmental 
Assembly, in which that body states that being convinced 
by the prefect's second report, dated May 15th, that the 
place of the Cabra spring had been considered as a part of 
the commons of the pueblo and other places mentioned in 
the report, it repealed the decree of the 14th of the pre- 
vious March, by which the place had been granted to Don 
Juan Otero, and declared the same to be null and void. 
It also ordered that its action in the matter be communi- 
cated to the governor, in order that he might notify the 
parties in interest, and cause the same to be complied with. 

On July 7, 1845, the governor issued his order that the 
decree of the Departmental Assembly should be observed 
in all particulars by the parties whom it concerned. 

There are two other separate papers in this archive, 
each referring to the proceedings above set forth. The 
first is a communication dated June 2, 1845, from Ramon 
Luna to the prefect of the district, in which he makes it 
plain that, although he believes the Indians have always 
owned the Cabra Spring Tract, he does not feel that he 
ought to or can report on the matter until he has before 
him the petition presented by the Indians, and the re- 
port of the prefect in concurrence with the ayuntamiento. 
The second of these papers is a fragment of the proceed- 
ings of the Departmental Assembly on June 29, 1845, fol- 
lowed by a rough draft of a letter of transmittal inform- 
ing the governor of the action which the Assembly had 
taken in the matter. 

1382 OJO DE LA CABRA GRANT. 

This archive consists of three papers, all of which have 
to do with the Ojo de la Cabra Grant to Don Juan Otero, 
the revocation thereof, and kindred matters. 

The first of the three is a report of a committee of the 
Departmental Assembly, dated September 28, 1845, and 
signed by A. Duran and Sena. 

It was called forth by a petition, drawn up in the in- 
terest of Don Juan Otero, by his attorney, Don Manuel 
Mufios, who evidently had argued that the tract of land 



450 THE SPANISH AKCHIVES OF NEW MEXICO 

known as the Cabra Spring Tract having been granted to 
Don Juan Otero by the governor of New Mexico could 
not be revoked by the Departmental Assembly of that De- 
partment. 

The committee is of the opinion that the grant was not 
made by the governor, but by the Assembly, and assum- 
ing the correctness of Muilos's contention that the 
governor alone has the power to grant lands, suggests that 
the only thing that can be done for the relief of Otero is 
to present a new petition to that officer praying for a grant 
of the lands in question. 

The second paper is also a report of the same commit- 
tee on the same subject, but dated one day previous to 
the first report. It covers substantially the same ground, 
and is followed by the action of the Departmental As- 
sembly, signed by the president and secretary, approving 
the report and returning it to the governor with other 
papers in the case. The approval is dated September 28, 
1845. 

The third paper is an unsigned fragmentary report of 
a committee of the Assembly in regard to the same mat- 
ter. It ends with a recommendation that the assembly 
adopt a resolution to the effect that the Cabra Spring 
Tract shall not be granted to anyone, but shall remain, as 
it had been from time immemorial, as common for the 
settlements of Isleta, Valencia, Padillas, and Pajarito ; that 
no appeal shall be allowed to Don Juan Otero or the na- 
tives of Isleta on the subject of the dispute as to the di- 
rect ownership of the tract; and that the resolution be 
carried into effect as soon as it should reach the hands of 
the governor. 

1383 BEPORT of a Committee of the Department As- 
sembly, dated April 29, 1846. 

In regard to matters arising from the dispute as to the 
ownership of the Cabra spring property. It appears that 
the governor of the Department, on April 16, 1846, di- 
rected an official communication to the Assembly, inclos- 
ing a decree of the superior tribunal of the Department 
of Chihuahua, referring to some action had in the su- 
preme court of justice at Mexico City, based on a com- 
plaint by Antonio Jose Otero, a citizen of Valencia, New 
Mexico, that he had been violently dispossessed of his 
property at the Ojo de la Cabra. 

The report of the committee purports to give a full 
history of the case, beginning with the petition of Otero 



THE SPANISH AECHIVES OF NEW MEXICO 451 

to the prefect of the Third district, on January 22, 1845, 
and ending with the governor's approval of the revoca- 
tion of the grant, on July 7, 1845. 

It is stated also that subsequently the prefect was sus- 
pended because of the bad faith he had exhibited in con- 
nection with the matter. 

The report concluded with an explanation of the causes 
which have prevented the establishment in New Mexico 
of the superior tribunal of Second and Third instance, 
provided for by the supreme decrees of February 28, 
and March 2, 1843. 

The details of the controversy about the Cabra spring 
property are much more interesting than important, in 
view of the final disposition of this case by the United States 
government. The claim based on this grant was rejected by 
the United States court of private land claims on Novem- 
ber 29, 1896. Subsequently, on May 22, 1897, it was ap- 
pealed to the supreme court of the United States by the 
plaintiffs, and that court thereafter dismissed the appeal, 
January 18, 1899, mandate on file in the office of the United 
States surveyor-general at Santa Fe, New Mexico, in cause 
No. 167, C. P. L. C. the Ojo de la Cabra Grant. 

1384 BARTOLOME LOBATO v. XPTOBAL DE AREL- 
LANO. 

Suit for the possession of an Apache slave. The petition 
is addressed to the Marques de la Naba Brazinas, and the 
order is signed by the Marques and by his secretary of 
government and war, Alfonso Kael de Aguilar. 

LIST OF GRANTS OR ALLOTMENTS OF LANDS 

TO THE 

PUEBLO INDIANS 

WITH HISTORICAL, DESCRIPTIVE, AND OTHER 
NOTES 

JR. No. A PUEBLO OF JEMEZ. 

Grant. 1689, September 20th. Made by Governor and 
Captain-General Don Domingo Jironza Petriz de Cruzate. 
Certificate by Don Pedro Ladron de Guitara, Secretary of 
Government and "War. 

It will be noted that this instrument was executed at 
El Paso, where the Spaniards maintained headquarters 



452 THE SPANISH AECHIVES OF NEW MEXICO 

after the revolution of 1680, Governor Antonio Otermfn 
and all of the Spanish colonists and inhabitants of New 
Mexico having been driven out by the Pueblos in the 
month of August of that year. At the time this grant is 
supposed to have been made the Pueblos were still hostile. 

Inasmuch as all the alleged granting instruments made 
by Governor Cruzate are practically the same in wording, 
I give this, which is in the words and figures and ab- 
breviations following, to wit: 

1689. En el Pueblo de Nra. Sa. de Guadalupe del Passo 
del Rio del Norte en veinte dias del mes de Septe. de mil 
seissientos y ockenta y nueva anos el Senor Gouer. y Capn. 
Genl. Dn. Domingo Jironza Petriz de Cruzate dijo por 
quanta en el alcanze que se dio en el reino de la Nueva 
Mexco. de los Yndios Queres, y los Apostatas, y los Teguas 
y de la Nation Thanos y despues de hover pele ado con 
todos los demas Tndios de todos pueblos un Yndio del 
Puo. de Zia llamado Bartolome de Ojeda que fue el que 
fue el que mas se senalo en la vatalla acudiendo a todos 
paries se rindio biedose huedo de un valazo y un Techas- 
so, lo cual como dicho es mande que denajo Juranto. 
declare como se alia el Puo. de Jemez que fueron 
unos Tndios Apostatas de aquel reino de la Nueva Mexco. 
pues fue el que le dio la muerte el Padre Fr. 
Juan de Jesus Morador. Preguntado que si este Puo. 
volvera en algun tiempo d Apostatarse como Ha sido 
costumbre entre ellos y dice el confesante que no 
que ya estd muy medio en temor, que aunque estavan 
abilantados con lo que les havia susedido a los de 
el Puo. de Zia el ano pasado jusgana que era inposible 
ue dejaran de dar la obedienzia, por lo cual se consedio 
por el Senor Gouer. y Capn. Genl. Dn. Domingo Jirenza 
Petriz de Cruzate, los linderos que aqui anocto: para el 
el norte una legua y para el oriente una legua y para el 
poniente una legua y para el sur una legua midiendo 
estas de las cuatro esquinas del templo que queda en me- 
dio del Puo. assi lo proveyo, mando, y firmo su ssa. d mi 
el presente Cecretario de Gov. y Ga. 

DOMINGO JIRONZA PETRIZ DE CRUZATE. 

Ante mi: 

DON PEDRO LADRON DE GUITARA, 
Sec. de Gn. y Guea. 

A literal translation of which document is as follows, 
to-wit : 

1689. In this village of Our Lady of Guadalupe del 



THE SPANISH AKCHIVES OF NEW MEXICO 453 

Paso del Rio del Norte, on the twentieth day of the month 
of September, in the year one thousand six hundred and 
eighty-nine, His Excellency, Don Domingo Jironza Petriz 
de Cruzate, governor and captain-general, stated that, 
whereas, in overtaking the Queres Indians and the Apos- 
tates, and the Teguas and those of the Thanos nation, in 
the kingdom of New Mexico, and after having fought with 
all the Indians of all the other pueblos, an Indian of the 
pueblo of Zia, named Bartolome de Ojeda, one of those 
who was most conspicuous in the battle, rendering assist- 
ance everywhere, being wounded by a ball and an arrow, 
surrendered, who, as formerly stated, I ordered to declare 
under oath the condition of the Pueblo of Jemez, who were 
apostate Indians of that kingdom, having killed their 
priest, Fr. Juan de Jesus Morador. Being interrogated 
whether this Pueblo would rebel in the future, as it had 
been customary for them to do in the past, the deponent 
answered no ; that they were very much terrified, and, al- 
though they were concerned with the Indians of Zia in 
what had occurred in the year previous, he was of the 
opinion that it would be impossible for them to fail in 
giving their allegiance. 

Whereupon, His Excellency, Don Domingo Jironza 
Petriz de Cruzate, granted them the boundaries herein 
set forth : on the north one league, on the east one league, 
on the west one league, and on the south one league, to 
be measured from the four corners of the temple which 
stands in the center of the pueblo. His Excellency so 
provided, ordered, and signed before me, the present sec- 
retary of government and war, to which I certify. 

DOMINGO JIRONZA PETRIZ DE CRUZATE. 

Before me : 
DON PEDRO LADRON DE GUITARA, 

Secretary of Government and War. 

The Indians of Zia belonged to the Queres stock. The 
battle referred to in this archive was fought by General 
Reneros de Posada in 1688. The present village of Cia is 
surrounded by ruins of old pueblos. Espejo says (1582) 
"hallamos otra provincia quo llaman los Punames, que 
son cinco pueblos, que la cabecera se dice Sia." Onate 
calls them "el gran pueblo de Trta." 

Jemez is north of Zia. Until about 1650, the Indians 
of Jemez inhabited a number of pueblos along the Jemez 
river. It is probable that ten pueblos were then occupied 
by the Jemez. The pueblos of the Jemez were abandoned 



454 THE SPANISH AECHIVES OF NEW MEXICO 

after 1622 and re-occupied before 1627. Benavides, 
Memorial, p. 27, q. v. 

The revolution of 1680 began at Jemez, and the alcalde 
mayor, Luis Granillo, sent word to General Garcia, who 
lived near the site of the present city of Alburquerque, to 
come to his aid. Garcia had only a very few men, but 
with them he saved Granillo and the surviving priest of 
Jemez, as well as the priest at the pueblo of Zia or Cia, as 
this pueblo is generally called today. 

The reference to what occurred at the pueblo of Zia 
the year previous is the assaults on the pueblos of Santa 
Ana and Zia in the year 1688 by General Reneros de 
Posada, at the time acting governor at El Paso, who made 
a dash into New Mexico and appeared before these vil- 
lages, demanding their surrender; the Indians refused; 
an assault was made, the villages captured, portions 
burned, and some of the Indians were incinerated. It is 
likely that this event occurred in 1687, because Reueros 
de Posada says himself that it transpired on the 6th of 
October of that year. It is difficult to reconcile this state- 
ment as to the year and date with the several certified 
statements made by Cruzate in 1689, every one of which 
says that this battle occurred the "year previous." Ren- 
eros de Posada was an officer under Cruzate. There is no 
doubt that the pueblo of Zia was entirely destroyed by 
Governor Cruzate, and that its destruction occurred later 
than the making of this grant to the Jemez. Cruzate 's 
battle at Zia was undoubtedly the bloodiest of all in the 
re-conquest. Escalante says that this battle took place 
in September, 1689; it is possibly so, but being in El 
Paso on September 20, 1689, Cruzate would hardly have 
had time to lead his forces as far north as Zia, and we 
know that he was still in El Paso on the 25th of Septem- 
ber. Grant to the pueblo of Pecos, q. v. Escalante says: 
"Por Setiembre del ano siguiente entro D. Domingo 
Gironza a la misma reducion de los rebeldes. Tuvo una 
sangrienta batalla en el dicho pueblo de Cia, en que los 
rebeldes se defendieron con tal valor y desesperado arrojo, 
que muchos se dejaron quemar vivos sobre las casas por 
no rendirse; el numero de Queres, asi del dicho pueblo 
como del de Santa Ana, y de otros que vinieron de socorro 
d los sitiados, que quedaron muertos en> esta batalla, llego 
a 600 de ambos sexos y de diferentes edades. Solo cuatro 
ancianos se cogieron vivos; en la misma plaza del pueblo 
fueron arcabuzeados." 

I have said that the Jemez abandoned their pueblos in 



THE SPANISH AECHIVES OF NEW MEXICO 455 

1622; this was done because of the wars and raids of the 
Navajos. They came back in 1627, because of the protec- 
tion guaranteed by Fr. Martin de Arvide. The celebrated 
Fr. Zarate-Salmeron lived at Jemez in 1618. 

There is an old church at Jemez; it was probably built 
subsequent to 1627. 

Barrionuevo, an officer under Coronado, was the first 
Spaniard to visit Jemez; he was there in 1541. 

There were two villages of the Jemez in 1680, because 
there were two priests there, one of whom, Juan de Jesus 
Morador, was killed. 

Don Fernando de Arguello, governor, hung twenty- 
nine of the Jemez on account of their having killed a 
Spaniard. Governor Ugarte put down an incipient rebel- 
lion among them. This was in 1650. 

Fr. Juan de Jesus, killed in 1680, was murdered at the 
pueblo of the Jemez known, among the Indians, as Oin- 
seua, or San Diego de Jemez, close to the Jemez Hot 
Springs. The one who escaped with Granillo was Fr. 
Francisco Mufioz. The remains of Fr. Juan de Jesus 
were found by De Vargas in 1694, exhumed and carried 
to Santa Fe and buried with great ceremony in the parish 
church. He fought a battle there in 1694; the Indians 
offered desperate resistance, but eighty-four were killed 
in the engagement, several of them perishing in the 
flames of their burning dwellings; he took 361 prisoners. 
See Autos dv Guerra De Vargas, July 23, 1694, fol. 60. 
In 1696, they killed another frayle, named Francisco de 
Casaus. The Spaniards again attacked the Jemez, and in 
this battle, in which the Spaniards were led by Captain 
Miguel de Lara, the Indian, mentioned in the grant to 
the Jemez, Bartolome de Ojeda, aided the Spaniards and 
led a part of the attacking force ; his war-like conduct on 
this occasion was very distinguished. Forty Indians 
were killed. 

"With this archive is found a deposition by Don Don- 
aciano Vigil, as follows: 

"Donaciano Vigil, late Secretary of the Territory of 
New Mexico, being duly sworn, declares that since the 
year 1840, the period when he received the charge of the 
public archives of the Territory of New Mexico there were 
no title-deeds of grants made to the Indian pueblos of New 
Mexico in the archives under his charge from that date 
up to the present time. That, occupying the position 
he did, as secretary as well as recorder of public docu- 



456 THE SPANISH ARCHIVES OF NEW MEXICO 

ments, and having had occasion to examine them very of- 
ten, he had every opportunity of knowing if they were in 
the archives or not. The said deponent further says that 
the lands held by the Indian pueblos of Tesuque, Nambc, 
Santa Clara, and San Ildefonso, were always recognized 
as belonging to said Indians, by virtue of grants made 
to them by the authorities of the Spanish government 
towards the close of the seventeenth century. That from 
time immemorial they have continued in the pacific and 
quiet enjoyment of the lands they occupy without any 
question being raised as to their legal right thereto. 

"DONACIANO VIGIL 

"Subscribed and sworn to before me, this 21st day of 
June, 1856. WM. PELHAM, 

"Surveyor General of New Mexico." 

This affidavit is of importance (historically) for sev- 
eral reasons ; Vigil was a very sagacious man ; he was well 
read; took a pronounced interest in these state papers; 
if anyone knew anything about them at that time he 
did; when the office of surveyor-general was created in 
1854, Vigil assisted in going over all of the old archives 
which had been in his sole possession, for the purpose of 
delivering to the surveyor-general those which were deem- 
ed of importance in the administration of the affairs of 
his office, which was done ; it was many years later when 
the archives not so turned over to the surveyor-general 
were supposed to have been burned and sold by Governor 
Pyle. I do not believe that any were so burned or lost 
that were of consequence; many were stolen and carried 
off after Pyle 's time that is certain. 

The grant to the pueblo of Jemez was confirmed by 
the Congress of the United States, December 22, 1858. 

The Don Pedro Ladron de Guevara who signs with 
Cruzate was one of the Spanish officers who were driven 
from New Mexico in the revolution of 1680. His full 
name was Pedro Ortiz Nino Ladron de Guevara. [Note 
that the archive shows "Guitara." There was no such 
officer.] 

E. No. B PUEBLO DE ACOMA. 

Grant. 1689. Made by Governor and Captain-General 
Don Domingo Jironza Petriz de Cruzate, September 20th. 
This archive is somewhat lengthier and contains some 
historical information not found in the archive, R. No. A 
(grant to the Pueblo of Jemez}, so I will give it in full, 



THE SPANISH AECHIVES OF NEW MEXICO 457 

translated. As will be seen it is signed by Bartolome de 
Ojeda, as well as by the governor and his secretary. 

1689. In the village of our Lady of Guadalupe del Paso 
del Rio del Norte, on the twentieth day of the month of 
September, in the year one thousand six hundred and 
eighty-nine, his excellency, Don Domingo Jironza Petriz de 
Cruzate, governor and captain-general, stated that where- 
as in the overtaking which was had in the pueblo of 
Acoma, and the power which he has over the Queres In- 
dians and over the apostates in New Mexico, he provided 
that an Indian named Bartolome, who was the most con- 
spicuous in the battles, lending his aid everywhere, and 
surrendered, having been wounded by a ball and an ar- 
row, and being already crippled, I ordered him to state 
the truth, and declare in his confession the condition of 
the pueblo of Acoma and that of the other apostates in 
that kingdom, and as the Indian is well versed in the 
Spanish language, intelligent, and can read and write, he 
was examined before General Don Pedro Reneros de Po- 
sada, who had returned from New Mexico, having been 
at the pueblo of Acoma, and the maestro de campo, 
Dominguez Mendoza, having also been called, in order 
that the Indian, Bartolome de Ojeda, might give his name. 

Having been asked if he is disposed to confess the truth 
as to what he knew and about which he might be asked, 
and having been asked his name, of what place he is a 
native, his age and what office he has, and whether he 
knows the condition of Acoma and Laguna, who are 
neighbors, he said that his name was Bartolome de Ojeda ; 
that he is a native of the pueblo of Zia, in the province 
of New Mexico; that he is tw,enty-one or two years of 
age, more or less; that he has had no other office than 
that of soldier (warrior) and that he knows the condition 
of Acoma and Laguna because he was an apostate in the 
Province of New Mexico; and this he answered. 

Having been asked how it happened that Laguna and 
Acoma, being neighbors, disagreed so much, and how was 
it that they had moved to the Penol, being such arrogant 
Indians, and why had they left their pueblo, he responded 
saying that the Acomas had moved to the Penol because 
they were very proud and had moved to the Penol because 
of the many wars these Pueblos had, one with the other; 
and this was his answer. 

Having been asked why it was that these Pueblos lived 
near to each other, what agreement there was between 



458 THE SPANISH AKCHIVES OF NEW MEXICO 

them and why they disagreed, he answered that Laguna 
moved close to Acoma because of the abundance of water 
there was at that pueblo, but always for the purpose of 
collecting the surplus remaining from the pueblo of Aco- 
ma; and this he answered. 

Having been asked what are the existing boundaries of 
Acoma, and to how much is each pueblo restricted, he 
said that the Prieto mountain is on the north, that the 
Gallo spring is on the west, and that the Cubero moun- 
tain is opposite the old pueblo of Acoma and that the 
Penol is on the south side and that when the Indian Poc- 
Pec (Po-pe) visited the pueblos he confirmed the above 
because he is an Indian of the Tegua nation and a native 
of the pueblo of San Juan, to whom all the land gave 
obedience at the time of the insurrection, and was in com- 
pany with Alonzo Catiti ; and Don Luis Tu-pa-tu, and 
many other chiefs of those pueblos had declared that the 
water belonged to the pueblo of Acoma, and that Laguna 
was to collect the surplus remaining from the pueblo; 
and this is his answer. 

Having been asked if he knows any more than he has 
stated, and if Laguna has any other defense to make con- 
cerning the water, he answered that he had not ; that al- 
though the pueblo had removed to the Penol it had not 
lost its right to the water, and that the Laguna Indians 
were not ignorant of the fact as it is notorious ; and that 
what he has stated is the truth, under the oath which he 
has taken, which he affirms and ratifies. This grant being 
read and explained to him he signed it with his excellency, 
the governor and captain-general, aforesaid, before me, the 
present secretary of government and war, to which I cer- 
tify. DOMINGO JIRONZA PETRIZ DE CBUZATE 

BARTOLOME DE OJEDA 
Before me: 

DON PEDRO LADRON DE GUITARA, 

Secretary of Government and War. 

From this it will be seen that Reneros de Posada "had 
returned from Acoma,;" that Bartolome de Ojeda had 
been wounded with a ball and an arrow and was crippled, 
had surrendered, having been conspicuous for his conduct 
in battle, etc., why can we not harmonize the conflicting 
dates as to the time when Zia was assaulted and destroyed 
by the conclusion that this affidavit and deposition was 
made AFTER the return from New Mexico to El Paso ? Mr. 
Tipton's conclusion that it is spurious is the best solution. 



THE SPANISH AKCHIVES OF NEW MEXICO 459 

It does not necessarily follow when Ojeda says of the 
Jemez "and although they were concerned with those of 
Zia in what had occurred in the previous year" that he 
had reference entirely to the battle fought by Posada ; he 
may have had in mind the conduct of the several Pueblo 
tribes "the year previous" in which those of his own 
pueblo of Zia had a part. 

It will be noticed that there are no ''granting" words 
in this instrument, although it is declared to be a grant 
"read and explained" to Ojeda. 

The grant was confirmed to the pueblo of Acoma by 
the Congress of the United States on December 22, 1858. 

The three Indians mentioned by Ojeda Poc-Pec, Ca- 
tit, and Tupatu were the leaders of the revolution of 
1680. Poc-Pec is also and more familiarly known as 
Po-pe. He was a native of San Juan and killed his son- 
in-law just before the uprising, for fear that he would 
make known what was going on to the Spaniards. 

Don Juan Dominguez de Mendoza was lieutenant-gen- 
eral under Otermm when the latter made his effort to re- 
gain the Province. He had been an officer in the army in 
New Mexico for many years prior to the revolt. He came 
north in 1681 as far as Cochiti and had an interview with 
Catiti, who professed regret for the events of the year 
before. 

On January 1, 1682, Otermin and the invading army 
having retired as far south as Isleta, believing that they 
could not hold the province with the force with them, 
retired to El Paso. 

Poc-Pec or Po-pe was an Indian of the pueblo of San 
Juan. Catiti belonged to Santo Domingo, and Tu-pa-tu 
was of the pueblo of Picuries. 

Acoma is the "Hacus" of the Fr. Marcos. The present 
pueblo, we may safely assert, was standing in its present 
location in the fifteenth century. Acoma was only aban- 
doned when the Indians went to the Penol. In all prob- 
ability it is the most ancient of the pueblos of New Mexico. 

It is said that the last settlement of this pueblo prior 
to the one now occupied by them, was upon the celebrated 
"Mesa Encantada," standing nearly in the center of the 
valley in the southwest corner of which is the Rock of 
Acoma. The Enchanted Mesa, it is claimed, was acces- 
sible many centuries since; at some period entirely in 
Acoma tradition dangerous crevices made their appear- 
ance in the road to the top, and a large number of the 



460 THE SPANISH AECHIVES OP NEW MEXICO 

people left; those remaining were suddenly deprived of 
the power to reach the plain, owing to a fall of the rock 
and those died of hunger. This ancient pueblo was reached 
by Mr. F. W. Hodge, in 1897, who made the ascent, where 
he found enough remains to justify the tradition that a 
pueblo had once stood on top of the rock. 

The use of the water referred to by Ojeda was not only 
for domestic, but for purposes of irrigation. These In- 
dians understood the use of water for irrigation in pre- 
Spanish times. It is true that corn and beans did not 
necessarily require irrigation, as these crops grow and 
mature on the high mesas today without water artificially 
supplied. Around ruins, known to be pre-Spanish, evi- 
dences of irrigating ditches are found. Espejo in his nar- 
rative, says: "Y de todo esto hay sementeres de riego y 
de temporal con muy buenas sacas de agua y que lo labran 
como los Mexicanos." The Acomas did not raise cotton; 
they bought it either from the Moquis or from the pueblos 
of the Rio Grande. 

The Spanish authorities, prior to the "grants" made 
by Cruzate, never allotted any specific tracts of land to the 
many pueblos in the Province. 

Strange as it may seem, the Pueblo Indian, while known 
as of sedentary habits, thought nothing of abandoning a 
pueblo and building another in a different locality, and it 
was doubtless the policy of Cruzate, in making these al- 
lotments, to curb this tendency to move and ramble about. 
I do not consider the word "sedentary" as entirely satis- 
factory. It is true that they were agriculturists and built 
permanent homes, i. e., permanent until something might 
happen which induced them to move and change their 
habitations; the great number of ruins are no index of a 
great population ; one hundred Pueblo Indians were capa- 
ble of building twenty-five pueblos (villages) in a century; 
if by chance anything happened to his water supply, 
forthwith he moved ; if his pueblo was sacked by enemies, 
he built another, but rarely in the same place. All of this 
finds abundant documentary proof. 

The Pueblos have always contended that they hold their 
lands by titles even superior to that of the United States 
government, and that they are absolute citizens of the 
United States, and have managed themselves and their 
affairs for hundreds of years, having built up customs and 
a local form of municipal government consisting of a vast 
number of officials, each of whom has a special duty to 



THE SPANISH AECHIVES OF NEW MEXICO 461 

perform with regard to the management and control of 
the internal affairs of the pueblos. 

These views are referred to in some of the decisions of 
the supreme court of New Mexico deciding Pueblo mat- 
ters, as witness the following quotation from a decision 
rendered by Kirby Benedict, chief justice, in the case of 
De la vs. The Pueblo de Acoma, decided in 1857, viz: 

"Having closed our view of the merits of this case, we 
may be indulged in reflecting that of the highly interest- 
ing causes we have had to consider and determine during 
the present session, this is the second in which this Pueblo 
has been the party complainant. The first keenly touched 
the religious affections of these children of the Rock of 
Acoma. They had been deprived by neighboring Pueblos 
of the ancient likenesses in full painting of their patron 
or guardian saint, San Jose. However much the philoso- 
pher or more enlightened Christian may smile at the 
simple faith of these people in their supposed immediate 
and entire guardian of the Pueblo, to them it was a Pillar 
of Fire by night and a Pillar of Cloud by day, the with- 
drawal of whose light and shade crushed the hopes of 
these sons of Montezuma and left them victims to doubt, 
to gloom and fear. The cherished object of the venera- 
tion of their long line of ancestors, this court permanently 
restores, and by this decree confirms to them, and throws 
around them the shield of the law's protection of their 
religious love, piety and confidence. In this case the title 
that Spain had given this people, confirming to them the 
possession and ownership of their lands, and the rock up- 
on which they have so long lived, was found in the hands 
of one professing to be of a better instructed and more 
civilized race, and turned by him into the means of ex- 
tortion and money gathering from the inoffensive in- 
habitants. 

' ' It is gratifying to us to be the judicial agents through 
which an object of their faith and devotion, as well as the 
ancient manuscript, that is the written evidence that es- 
tablished their ancient rights to their soil and their rock, 
are more safely restored and confirmed to their possession 
and keeping." 

In early times the Acomas, among other ceremonial 
dances, performed the Snake Dance, similar to the one 
now given by the Moquis. Don Antonio Espejo saw one 
of these dances at Acoma "Hicieronnos un mitote y 
baile muy solemne, saliendo la gente muy galana y liacien- 



462 THE SPANISH AECHIVES OF NEW MEXICO 

do muchos juegos de manos, algunos dellos artificios con 
vivoras vivas, que era cosa de ver lo uno y le otro." 

The Indians of Acoma, under the leadership of a chief 
named Zutucapan, conspired to kill Don Juan de Onate 
at the time of his visit to the pueblo by enticing him into 
an estufa. Onate declined to be trapped. 

Later on these Indians had an encounter with Zalvidar, 
a lieutenant under Onate, in which Zalvidar was slain by 
Zutucapan; this fight occurred on top of the rock of 
Acoma ; when Zalvidar was slain, five surviving Spaniards 
fled to the brink of the mesa and leaped down, four of 
them reaching the plain alive. Don Vicente Zalvidar, a 
brother of Juan who had been slain, resolved to avenge 
the death of his brother. In a battle which lasted three 
days, the Indians were decisively defeated, the buildings 
of the pueblo were partially burned, and hundreds killed 
each other rather than yield to the Spanish arms. Onate 
says that Acoma had about three thousand population 
at this time, of whom only six hundred survived. This 
battle occurred on the 22d, 23d, and 24th of January, 
1599. 

B. No. C PUEBLO OF SAN JUAN. 

Grant. September 25, 1689, made by Governor and Cap- 
tain-General Don Domingo Jironza Petriz de Cruzate. 
The paper is signed by 

DOMINGO JIRONZA PETRIZ DE CRUZATE. 
BARTOLOME DE OJEDA. 
DON PEDRO LADRON DE GUITARA, 

Secretary of Government and War. 

Ojeda says that this pueblo was the first to rebel in 
1680. That all of the San Juan Indians were well versed 
in the Spanish language and could read and write and 
that at the time of the first conquest they had saved the 
life of their missionary. 

Additional evidence that Ojeda's affidavit is spurious. 
In 1708, it is shown by a number of trials for witchcraft 
that numbers of these Indians could not read or write. 

This grant was confirmed to the pueblo by the Congress 
of the United States on the 22d day of December, 1858. 
The boundaries are: on the north, the Rio Bravo del 
Norte, completing one league on both sides of the river, 
measuring from the northern corner of the temple of the 
pueblo on the east, and on the west one league and on the 
south one league. 






THE SPANISH AKCHIVES OF NEW MEXICO 463 

The text of this archive is practically the same as that 
of Archive R. No. A. 

Almost directly opposite this pueblo is the place where 
Don Juan de Oiiate established his capital in 1598, at the 
place called San Gabriel del Yunque. Torquemada says 
(Monarquia, vol. i, p. 672) : "Despachados Don Juan de 
Onate, y los suios, para la Jornada del Nuevo Mexico, 
siguieron su camino, en demanda de aquellas tierras, en 
llegando a aquellas paries, tomaron posesion por el Rei, 
en ellas, y el Pueblo donde Don Juan de Onate, Govei<- 
nadvr, y Capitan General de esta entrada, hizo asiento y 
puso su Real, se llama San Gabriel el qual sitio esid en 
treinta y siete grados de altura del norte, y esta situado 
entre dos rios, y con las aguas del menor de los $os, so 
riegan los trigos, cevada y maiz . . . El otro rio es 
grande, que ttaman del Norte, ques es de mucho, y muy 
buen pescado." 

The first irrigation ditch constructed by the Spaniards 
in New Mexico was built by the colonists under Onate and 
the water was taken out of the Chama river at this point. 
The first capital of New Mexico was here, and because the 
inhabitants of Yunque gave up their pueblo to the colon- 
ists and settled in the pueblo of San Juan, across the Rio 
Grande, they were known as the pueblo of San Juan de 
los Caballeros. 

The pueblo of Yunque was visited by nearly all the 
earlier Spanish explorers or some of their soldiers and 
captains. 

The town of Chamita of today stands close to the old 
pueblo of Yunque. I believe the place called "Pueblito" 
across the river from San Juan is very close to the old 
pueblo of Yunque; Pueblito is owned by Indians of San 
Juan. 

Onate moved the capital from this place to Santa Fe 
about the year 1605. 

The settlers of Santa Cruz at one time tried to obtain 
a grant of the old pueblo of Yunque. 

R. No. D PUEBLO OF PICUBIES. 

Grant. September 25, 1689. Made by Governor and 
Captain-General, Don Domingo Jironza Petriz de Cru- 
zate, at El Paso. The archive is signed by 

DON DOMINGO JIRONZA PETRIZ DE CRUZATE. 

BARTOLOME DE OJEDA. 
DON PEDRO LADRON DE GUITARA, 
Secretary of Government and War. 



464 THE SPANISH ARCHIVES OF NEW MEXICO 

The text is almost identical with that of Archive R. 
No. C. The Indians are declared by Ojeda to be of a very 
rebellious spirit. 

The boundaries of the grant are one league, north, 
east, south, and west, measured from the four corners of 
the temple situated on the western side of the village. 

The grant was confirmed by the Congress of the United 
States on the 22d day of December, 1858. 

The Rio del Pueblo and the Rio Pefiasco unite about 
a mile below the pueblo of Pi curies. This pueblo, so 
far as inhabitants are concerned, is now a very small af- 
fair. It is situate in a beautiful spot. 

Tu-pa-tu, one of the leaders of the revolution of 1680 
was a native of this pueblo. 

The mission at this pueblo was called San Lorenzo de 
Picuries. The priest who was murdered by the Indians 
here in 1680 was the Rev. P. Fr. Mathias Rendon. 

When the Indians made their attack on Santa Fe, dur- 
ing the first day's fighting Otermm was successful, but 
on the day following the Tehuas of the north and from 
Picuries, led by Tu-pa-tu, arrived and Otermm retired in- 
to the old palace, where he was under siege for five days. 
The besiegers numbered over three thousand ; they burned 
the church and the convent; also the chapel of San 
Miguel. On the 20th Otermin determined, with his 
small force, to make a desperate assault upon the be- 
siegers; he did so, killing three hundred and capturing 
about fifty, who, when their depositions had been taken, 
were shot. 

During the siege the Spanish loss was five killed, but 
many were wounded, including Otermm. On the 21st it 
was determined to abandon the city, which was done; 
their departure was not disturbed by the Indians who 
watched them from the surrounding hills. They marched 
south by way of the pueblo of Santo Domingo, on the 
Galisteo, where they found the bodies of three friars and 
five other Spaniards who had been murdered. 

The frayles whose bodies were found at Santo Do- 
mingo were those of Fr. Francisco Antonio Lorenzana, a 
native of Galicia; Fr. Juan de Talaban, custodio habit- 
ual, a native of Seville, who had been a missionary al- 
most twenty years and Fr. Joseph de Montesdoca, a na- 
tive of Queretaro. 





Facsimile of Signature 
of Don Facundo Melgares, 
Governor of New Mexico, 
1818-1822. 



Facsimile of Signature of 
Colonel Antonio Narbona, 
Governor of New Mexico. 





Facsimile of Signature of 
Don Francisco Sarracino, Gov- 
ernor of New Mexico 



Facsimile of Signature of 
General Don Manuel Armijo, 
Governor of New Mexico. 




Facsimile of Signature of Govern- 
or Francisco Xavier Chavez, 1822-23. 





Facsimile of Signature of Colonel 
Albino Perez, Governor of New Mexico 



Facsimile of Signature of Don 
Mariano Martinez, Governor of 
New Mexico. 



THE SPANISH AECHIVES OF NEW MEXICO 465 

J. No. E PUEBLO OP SAN FELIPE. 

Grant. September 20, 1689. Made by Governor and 
Captain-General Don Domingo Jironza Petriz de Crazate, 
at El Paso. The archive is signed by 

DOMINGO JIRONZA PETRIZ DE CRUZATE. 
BARTOLOME DE OJEDA. 
DON PEDRO LADRON DE GUITARA, 
Secretary of Government and War. 

The text is almost identical with that of Archive R. 
No. A. The boundaries as given